Are there Laws that Ensure that Grandparents can have Visitation Custody Rights?
The courts of California have deemed grandparent custody rights, visitation, and interaction essential for the growth and development of grandchildren. Grandparent visitation falls under:
California Family Code section 3100: In the court’s discretion, reasonable visitation rights may be granted to any other person having an interest in the child’s welfare.
According to Family Code 3103, when a family law case has prescribed custody rights to the parents, courts permit visitation to a grandparent of the involved child. The court determines that it is in the child’s best interest.
These laws all come with the ramification that the grandparents’ involvement would be best for the child’s well-being. The court will not grant rights if the grandparents’ involvement does not benefit the child in some capacity. A grandparent cannot use it to obtain custody over the child unless both biological parents or guardians are deemed unfit to take care of the child in question.
When Would a Grandparent File for Grandparent Custody Rights?
Often, grandparents will file grandparent rights in the case of the parent’s filing for divorce or separation. Usually, it will be the “in-laws” filing for visitations in the case of a combative separation of the parents. This can ensure that the grandparents will still have visitation over the grandchild and be an essential part of their lives. Grandparent rights can provide stability and comfort in times of separation, so it can be essential to ensure that the grandparents can still maintain a healthy relationship with a said grandchild. Now, it is not always in the case of separation, but it is the most common.
What is the Difference between Grandparent Custody Rights vs. General Custody?
Most people believe that grandparent rights mean that the grandparents can have custody over their grandchild. but this is not inherently true. Grandparent rights usually are over visitation of their grandchild, not custody. They can apply for custodial rights if the guardian is deemed unfit to be a parent, but it is not the case for custodial rights. Several laws enact grandparent rights, such as
Do the Parents have to Agree to Court-ordered Grandparent Visitation?
It depends on the court’s decision. Some courts will take into account the parents’ wishes. However, it all comes down to if the court believes that involvement is in the child’s best interest. The courts will make the best decision for the child, whether the parent agrees or not.
Why would a Grandparent File for Custody Rights?
While grandparent rights do not usually involve custody, the grandparents can still file for custody if they believe that the child’s care is not adequate. This can be because of several things If one of the guardians in question has current or past charges including but not limited to:
- Drug use
- Driving while intoxicated
- Child abuse
- Child endangerment
- Neglect
- Assault and Battery
If the grandparents believe there is neglect or abuse, they can contact CPS to inquire about a wellness check. Suppose the grandparents already have visitation rights, and the child needs to be removed from the home. In that case, the grandparents can file for temporary custody. Temporary custody can lead to permanent custody if the courts deem the parents are unfit to take care of the child.
Do Grandparents Automatically Receive Custody Rights?
No. However, grandparents are usually the first people Child Protective Services will call if the child needs to be removed from the home. If CPS proves neglect or abuse, they try to place the child with an immediate family member, the grandparents, an aunt, or an uncle. They do this in the child’s best interest to ensure that they can maintain some stability and familial connection. When filing for permanent custody, the courts are usually for someone who can adequately provide and care for the child. If the grandparents can prove that they are the best fit for the child, and their previous guardian cannot take proper care of them, the courts can sever ties with the previous guardian and grant the grandparents permanent custody.
If another Adopts my Grandchild, can I still Visit Them?
Legally, all visitation rights are terminated if the child is adopted by someone other than a biological or stepfamily member. The courts cannot offer visitation rights if another family legally adopts the child because it is now up to the jurisdiction of the new guardians. If the grandparents insist on visitation, it must be with the permission of the new family. The courts cannot intervene at that time unless the child’s safety is in question. If the child is removed from the parent or guardian and put into foster care or other state facilities, the courts would determine if visitation will be permitted. This will usually be determined if the visitation is in the child’s best interest.
Contact Pride Legal
If you or a loved one has any concerns relating to child custody, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.