Grandparent Custody and Visitation Rights in Fresno: Subcategories and Legal Considerations

It’s a grandparent’s worst nightmare: After waiting years to become a grandparent, they learn that the parents of their grandchild are divorcing, and there’s the possibility that they will be cut out of their grandchildren’s lives. At a time when they expected to enjoy the grandparent-grandchild relationship, they find themselves out of the picture. Here’s what you need to know about grandparents’ rights in California for the subcategories of both custody and visitation.

What Rights Do I Have as a Grandparent in Fresno?

Unfortunately, California courts haven’t solidified many grandparents’ rights in California for either custody or visitation. That means there’s no automatic right to access grandchildren, but grandparents can file with the courts for orders to allow them to spend time with the children.

Just as with determining legal and physical custody for the parents, the courts will want to know what’s in the child’s best interests regarding custody or visitation with their grandparents. That means that grandparents who want to remain in their grandchildren’s lives against the custodial parent’s wishes may have to take court action. In that action, they have to prove to the court that the children would be harmed by not having their grandparents in their lives.

The court will want to know what the relationship has been between the grandparents and grandchildren, the ages of the grandchildren, and the children’s relationships with their parents or legal guardians.

What Are Situations in Which Grandparents Might Seek Legal Help for Grandchild Custody or Visitation?

As mentioned above, a contentious divorce where the parent who’s the in-law gets custody and wants to cut the other side out is, unfortunately, a common one. But there are other scenarios in which grandparents may need assistance.

• The child is given up for adoption. Parents’ and grandparents’ rights are legally terminated as part of the adoption process. The grandparents can no longer apply for custody or visitation. Working out an arrangement with the adoptive parents may be possible, but it would be up to them and not likely to be legally binding.
• One parent dies. If the grandparents’ child dies and the in-law has custody of the grandchild, the in-law may attempt to cut off visits, especially if they eventually remarry.
• The parents of the grandchild never married. Especially in cases where the grandparents’ son is the unmarried father, there can be legal complications. An unmarried father doesn’t always have the same rights as the mother, especially if legal paternity isn’t established. If the couple separates, the mother may have more legal rights to the child.

Because these are all enormously complicated scenarios, it’s highly advisable to work with an experienced family law attorney who can guide you through the process and help determine if there are legal rights you can pursue and how to pursue them.

Can Grandparents Seek Custody of Grandchildren in California?

They can, but it’s not always an easy process. The courts will expect the grandparents to prove that it’s in the grandchildren’s best interests to live with the grandparents, not with either of the parents. The grandparents’ reasons must demonstrate that they could raise the child in a better environment than either of the parents. This scenario often comes up when one or both parents are absent, struggle with addiction, or are abusive to each other or the children.

When determining if it’s in the child’s best interests to give the grandparents custody, the court will look at some of these conditions.

• The grandparents’ financial status. The court will look at whether they have the financial means to provide the needs of life (home, clothing, medical care) and if they have a stable income that will provide in the years to come.
• The grandparent’s relationship with the grandchild. The court wants to know if the grandparents have a history of involvement in the child’s life.
• Abuse or neglect. If one of the grandparents has a history of abuse or neglect, this may work against them.
• The parents’ situation. The court will look at whether or not the parents are capable of providing a stable and supportive home for the child.

Do Grandparents Have Any Rights for Visitation in California?

Grandparents have the right to ask the court to order parents to let their children see their grandparents. Like custody, the courts will look at various factors to determine if seeing the grandparents is in the child’s best interests. However, the bar may be somewhat lower for visitation than custody since the overall responsibility isn’t as significant.

Note that in some cases, court action isn’t necessary. If the parents are separated or divorced but share physical custody, each parent can determine if the child can see their grandparents on that side of the family. But if a couple is married and living together with the children, they have the right to refuse grandparent visits, and the grandparents can’t get a court order to override that.

What Should I Do if I Want to Have Custody or Visitation as a Grandparent?

Then call Tomassian, Pimentel & Shapazian as soon as possible at 559-277-7300 to set up a consultation. We know that remaining involved in your grandchildren’s lives is vitally important to you.

Our team of experienced, knowledgeable family law attorneys can walk you through your case and help determine whether it’s possible for you to have time with your grandchildren regardless of your child’s marital situation or relationship with their ex.