What kind of rights do grandparents have in Ca.?

Question

My son and his GF. are not together and my beutiful grand dauter of 10 years old is being held from us.because they can't get along that is not fair.

Answer 1

Unfortunately grandparental rights in ALL states including California have been utterly destroyed by the US Supreme Court in the case of Troxel v. Granville 120 S.Ct. 2054.

However, California Family Code Section 3104 states that "the court may grant reasonable visitation rights to the grandparent if the court does both of the following:

1. Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child.

2. Balances the interest of the child in having visitation with the grandparent against the right of the parents to excercise their parental authority."

Unfortunately, #2 is what destroys your request. Every and I mean every time the superior court has granted grandparental rights and the case has been appealed to the appealate court the case has been reversed (California).

You are going to need a very competent attorney to handle this for you. Do not attempt it by yourself. Your chances of winning if it proceeds to court are not good... however, you must decide if its your only alternative to see your grandchild.

Answer 2

Grandparents now have rights in every state, so it doesn't matter where you live. What you should do is go to your local family court and they will be able to help you to file a petition to get visitation or whatever type of arrangements you want concerning your granddaughter. You then will be giving a court date to appear in front of the judge, who will hear your side of the case. It is a bit of a process, but I am sure you will be happy with the end result....it isn't right for a grandparent to be kept from a grandchild and a judge with see that. Good luck and I wish you and your granddaughter the best!

Answer 3

Unfortunately, you have no rights unless you can somehow get guardianship. If your son can get joint custody, then he can bring her to see you. Good luck and best wishes for your situation.