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Divorce Library > Grandparents Rights California


California Grandparents Rights - Grandparent Visitation Rights, Grandparents Custody Rights and Laws California

Statutory language pertaining to California Grandparents rights can be found in Family Section 3100-3105 with Family Code Section 3102-3104 is worth noting as follows.

If one of the parents is deceased, grandparents may be granted reasonable visitation rights if the court finds it to be in the best interest of the child (Family Code § 3102(a)) but not if the child has been adopted by a person other than a stepparent or grandparent of the child (Family Code § 3102 (c)).

When a grandparent petitions the court for visitation rights, there are two notable rebuttal presumptions that pertain to California grandparents rights found in Family Code Section 3104. There is rebuttal presumption that the visitation of a grandparent is not in the best interest of the minor children if either of the following are true:

(1) The natural or adoptive parents agree that the grandparent should not be granted visitation rights" (Family Code § 3104(e)) or

(2) The parent who has been awarded sole legal and physical custody of the child in another proceeding or with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent" (Family Code § 3104(f))

Unless a parent is found to be unfit by a court, a fit parent has the fundamental right to make decisions regarding the upbringing of their children and those decisions are constitutionally presumed to be in the best interest of her child.

The California statutes regarding grandparents rights prevents a California court from replacing its own judgment as to what's in the "best interest of the child" for that of a fit parent, thus, protecting a parents fundamental liberty interest and recognizing the due process clause of the 14th amendment.

For questions regarding California grandparents rights or California Famliy Code Section 3100-3105, you’ll want to consult with a California family law attorney.

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