UNDER THE LAW.
There are many common misunderstandings surrounding that of grandparent visitation. A grandparent can ask for visitation of their grandchild/grandchildren, but only in specific instances. Before visitation can be requested, however, a certain threshold must be met. The court must determine that there was a preexisting relationship between the child and the grandparent that has ‘engendered a bond’ and must also balance the interest of the child having visitation with the grandparent with the rights of a parent to make decisions (See Family Code 3104). Assuming that threshold is met, a grandparent can only seek visitation in certain cases. For example, the parents cannot be living together.
Grandparents often will seek grandparent visitation rights because they have been cut off of seeing their grandchildren by one or both of the parents. Often the bond between grandchild and grandparent is such that it would be detrimental for the child to go without seeing their grandparent, and if that is the case then it may be necessary to either initiate an action for visitation or to join into an active case and seek visitation. Let us help determine if this is the right step for your particular case by calling our office for a consultation.