California Grandparents Rights

Like many states, California has grandparents' rights laws. Originally, these provided grandparents with visitation or access to grandchildren, even when parents disagreed. The Supreme Court has addressed the issue and in California grandparents' rights are granted only when it can be demonstrated that the parents are not acting in the best interests of their child or children. This is approached in three ways ヨ if a parent has died, if it is proven to be beneficial for the child, and if the grandchild's parents were not married. Within these boundaries the court must be able to find that the grandparents have an existing bond with the child or children, or that there is a valid reason to challenge parental authority. Clearly, there is a great deal of room for violation of parental rights, and even more room for emotional strain on all parties involved. This means when deciding to exercise California grandparents' rights it is of benefit to consider the impact on the children in question.

Fast Facts

  • Many states end grandparents' rights if a child is adopted following the death or remarriage of a parent.

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