Do Grandparents Have Custody Rights?

Do Grandparents Have Custody Rights in California?

Grandparents with custody rightsMany families in California hit a rough patch or two. Divorce is common, and sometimes it can be difficult to figure out where the children should live. In certain circumstances when the parents are going through a rough patch the grandparents may offer the best living arrangements for children. So what rights do grandparents have in pursuing legal custody of their grandchildren?

Within the last 40 years grandparents' rights issues have been added to the family court system. Each state now has statutes that govern the visitation rights of grandparents to allow the grandparents to maintain a relationship with their grandchildren. Getting the right information can help grandparents establish a visitation and maybe even a custody arrangement for their grandchildren. It is important for children to live in a stable and loving home. When a child's parents can't provide that home, grandparents can often step in and help.

Reasons Grandparents Can File for Custody of Grandchild

The following are some scenarios where grandparents may be able to petition the court for custody or visitation rights.

  • When grandparents see their grandchildren being raised in a traumatic situation.
  • When the parents are going through a divorce, or if the parents aren't married.
  • When it's in the best interests of the child to be under the grandparent's care.

In California, the courts look at whether or not the grandchildren have an established relationship with the grandparents and the status of the parents. Grandparents' rights have evolved in the past decade as it becomes clear that they can have an important role in their grandchildren's lives. California has laws protecting the rights of grandparents and grandchildren visitation and custody.

Contact us today to learn more about your rights at a grandparent!

Robert Burch

Blog Author: Attorney Robert Burch

Robert Burch is a Board Certified Family Law Specialist at Burch Shepard Law Group.

Visit his bio to learn more about his experience as a family law attorney.

More Blogs By Robert Burch:

Can grandparents' visitation rights be ended in California?