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California Grandparent’s Rights

Grandparent Rights to Visitation: If parent deceased, parents and grandparents of the deceased parent get visitation if in child’s best interest. Otherwise, parents must be divorced or currently living separately and apart on a permanent or indefinite basis, one parent absent for over a month and the other parent does not know that parent’s whereabouts, one parent must join in the petition with the grandparents, or the child must not be residing with either parent. Court must also find that there is a preexisting relationship between the grandparents and the grandchild such that visitation is in the child’s best interest, and the court must balance the interest of the child in having visitation with the parents’ right to exercise their parental authority. There is a rebuttable presumption that visitation is not in the best interest of the child if both parents agree that the grandparent should notbe granted visitation. Farrdly Code, Section 3100 et seq. (Family Code 3100 et seq.

When Adoption Occurs: Natural grandparents may still get visitation.

Child Custody Statutes: Factors: (1) child’s preference (if child is old enough); (2) desire and ability of each parent to allow relationship with other parent, and (3) child’s health, safety and welfare. Family Code 3020-3424.

Parents May Choose: Yes


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