Visitation Rights of Grandparents
If a child’s parents refuse to let the grandparents visit, grandparents can ask the court for visitation rights. In order for a judge to grant these rights, a pre-existing and proven bond between the grandparents and grandchild must be present. The judge will also evaluate the child’s best interest in having visitation rights with their grandparents. It is, however, best to try to resolve issues regarding visitation rights outside of court.
When are Visitation Orders Granted?
Generally, visitation rights are not given if a child’s parents are still married. However, certain exceptions can be made, such as if any of the following applies:
- The child’s parents are living separately
- One parent has been missing longer than a month
- One parent petitions with the grandparents for visitation
- The child doesn’t live with either parent
- The child is adopted by a stepparent.
If a grandparent is granted visitation and any new circumstances are introduced to the situation, the parents can request for a revocation of the grandparent’s visitation rights.
Contact a Santa Clara Family Law Attorney For Help
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