Do grandparents have any rights to visit their grandchildren? If so, in what type of situations? Typically, the court in a marital action may award reasonable visitation rights to any other person having an interest in the child's welfare. (Family Code Section 3100(a)).
With respect to grandparents, they may petition the court for visitation with their grandchildren in the following situations:
- A grandparent is deceased (FC 3102);
- A dissolution or other family law proceeding is pending in which child custody is already at issue. (FC 3103);
- The parents are not married to one another, including after a marital dissolution (FC 3104(b); Marriage of Harris, (2004) 34 C4th 210, 211-222; or
- The parents are married but are living separate and apart on a permanent basis or indefinite basis and meet numerous other criteria. (FC 3104(b)).
If you are interested in seeking grandparent visitation rights in Orange County or Los Angeles County, contact an Orange County divorce lawyer for more information.
