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Grandparents Visitation Rights


If you are a grandparent and want information about visitation with your grandchildren, there aredreamstime_xxl_5470207 many resources that can help you learn about your options and understand your rights as a grandparent.

Under California law, a grandparent can ask the court for reasonable visitation with a grandchild under certain circumstances. In general, grandparents cannot file for visitation rights while the grandchild’s parents are married. But there are exceptions, like

  • The parents are living separately;
  • A parent’s whereabouts are unknown (and have been for at least a month);
  • One of the parents joins the grandparent’s petition for visitation;
  • The child does not live with either of his or her parents; or
  • The grandchild has been adopted by a stepparent.

Keep in mind that, if possible, it may be in the best for you and your family to try to resolve these issues out of court. Consider mediation between you and your grandchildren’s parents as a way to openly and safely discuss your needs and concerns to try to reach an agreement that is in the best interests of your grandchildren and that preserves your relationship with them as well as with their parents. If you find that this process does not work you may need to seek the help of an experienced Family Lawyer like JB Dath.


Under the law, a grandparent who wants to ask the court to order visitation with a grandchild can file a petition in court. It is difficult to figure out exactly how to file this petition on your own, which is why you will most likely need the help of an experienced Family Law Attorney like JB Dath. There may already be a family law case filed between the child’s parents (like a divorce case, a child support case, or a domestic violence restraining order). If so, a grandparent may be able to ask for visitation under one of those existing cases. Or, there may be no open cases, and you, as the grandparent, may have to file a petition in court starting a case from scratch.


Family Lawyer JB Dath is an experienced Family Law Attorney with offices in Sacramento & Davis. At JB Dath Law we are dedicated to positive results and resolving conflicts in even the most challenging of cases. Call today to schedule your free case analysis.


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© JB Dath Law has Law Offices in both Sacramento and Davis and is pleased to serve clients in the greater Sacramento area including Sacramento County, Yolo County, Placer County, El Dorado County, Solano County, Shasta & Contra Costa Counties.
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