What is the legal definition of a grandparent?
In California, the legal definition of a grandparent is an individual whose relationship to the child is through a parent of the child. Grandparents who fit into this definition include the child’s maternal grandmother, paternal grandmother, maternal grandfather, and paternal grandfather. They are generally the parents of either the mother or the father of the child, and may also include the grandparents of the parents of the child, regardless of the marriage status of the parents. Since September of 2012, California grandparent’s rights laws have undergone some changes. Before 2012, grandparents were allowed to file a petition for visitation, which would allow them to spend time with their grandchildren, as long as they could prove that such visitation was in the best interest of the child. After September of 2012, an amendment was added to the law known as the Grandparent Visitation Rights Act. This amendment allows a grandparent who has established a “bond” with a grandchild to seek visitation rights if it can be proven that the visitation is in the best interest of the grandchild. Grandparents who are in this situation should be sure to familiarize themselves with current grandparents rights laws in California, as well as any relevant court opinions, before taking any action. It is important to note that grandparents may be denied visitation rights even if it is proved to be in the best interest of the grandchild, and that any requests for visitation must be presented to the court in a timely manner.
Related FAQs
Are grandparents allowed to intervene in cases of domestic violence involving their grandchild?Do all states recognize grandparents’ rights?
Can a grandparent request visitation rights?
What rights does a grandparent have to access records for their grandchild?
Can a grandparent petition the court to have a grandchild medically evaluated?
How do grandparents gain visitation rights in cases of divorce or separation?
Does a grandparent have the right to file a petition to modify a visitation order?
Are there any circumstances in which grandparents cannot get visitation rights?
Does a grandparent have the right to have a say in the grandchild’s medical care?
If a grandparent is denied visitation, what can they do?
Related Blog Posts
Grandparents Rights Law: What You Need to Know - July 31, 2023Protection for Grandparents: Understanding Grandparents Rights Law - August 7, 2023
Navigating Grandparents Rights in Custody Disputes - August 14, 2023
Staying Informed: Changes to Grandparents Rights Law - August 21, 2023
Putting the Law On Your Side: Grandparents Rights Law Overview - August 28, 2023