The State Bar of California

Grandparent Visitation

  1. Best Interests of the Child

    Grandparents can petition the Court for reasonable visitation time with their grandchild(ren). In order for grandparent visitation to be granted, the Court must find that (1) the child has a bond with his or her grandparent as a result of a pre-existing relationship, (2) that it is in the best interests of the child to maintain that bond, and (3) that an order for visitation rights for the grandparent can balance the best interest of the child with the parent’s rights.

  2. Married Parents

    Under Family Code Section 3104, a petition for grandparent visitation cannot be filed if the parents of the child are married unless:

    • The parents are living separate and apart permanently
    • One of the parent’s whereabouts is unknown to the other parent for at least one month
    • One of the parents is in agreement for the grandparent to have visitation
    • The child is not living with either parent
    • The child was adopted by a stepparent
    • One of the parents is incarcerated or involuntarily institutionalized
Client-Recommended Representation
"Great professional compassionate attorney. Stuart is a focused attorney who listens." Marilyn S.
"Stuart MacKenzie is a man of integrity. He is honest, trustworthy, very knowledgeable, very sharp and "doesn't miss a beat" with pertinent details/issues. He will advocate for you and fully represent you as a partner in your own divorce case." Divorce Client