Grandparent Rights For Visitation – The Law in California
All the fifty US states have separate grandparent visitation laws. Though the purposes of the statues are common it differs state by state in its practice and implementation. Generally in all states a grandparent needs to file a petition before the court to obtain custody or visitation rights. In several states adoption by anyone terminates the visitation right of a grandparent. In some other states adoption by step parent or the another grandparent does not terminate the visitation rights, however adoption by any other does terminate the right. In some few states adoption by anybody does not alter the visitation right of a grandparent.
California law on Visitation:
California visitation statues provide grandparents rights for visitation to the grandparent when the following conditions about the child are met. They are,
1. When both or any one parent of the child is deceased, or
2. The child’s parents are divorced or not living together, or
3. The whereabouts of one parent is not known, or
4. When the child is not residing with either one of their parents, or
5. There should be pre-existing relationship between the child and the grandparent.
How to Obtain Grandparents Rights For Visitation in California?
It is better to settle the matter out of court first. The grandparents and parents should make an agreement for visitation and only when it fails they should go for court remedy. While granting visitation rights the court always look into the circumstances that led to the visitation. Additionally the court looks into the best interest of the child with respect to his life, health and education while granting visitation rights. For filing a visitation case a grandparent can become a party to the dispute if there is already a case involving divorce or separation of parents. Alternately a grandparent can file an independent case for visitation rights under California family code by giving notice to the child’s parents and any other party involved.
Possible Consequences of Visitation Litigation: New Mexico’s Expungement Act lawyer
California family code has set forth the visitation rights of grandparents elaborately. The court always decides the matter on a case to case basis depending on the circumstances and other factors and it is very important for a grandparent to act accordingly. In cases when both parents objects grandparent visitation, the burden to prove that visitation is in the best interest of the child rest with the grandparent. The court always tends to go in favor of custodial parents unless it is not proved that such an act affects the child adversely. To succeed in the case the grandparents need to prove that they have a strong relationship with the child meaning that denial of visitation is against the child’s best interest. The court also takes into account other aspects like financial capabilities and physical abilities of grandparents to raise the child while granting visitation.