Grandparents And Visitation
Fam. Code 3104 — a bond, a balance against parental authority, and a presumption when the parents object
In California, on a grandparent's petition, the court may grant reasonable visitation if it finds a preexisting relationship that has engendered a bond such that visitation is in the child's best interest, and balances that interest against the parents' right to exercise their parental authority.
A petition is not filed while the parents are married unless one of these exists:
- The parents are living apart on a permanent or indefinite basis.
- One parent has been absent more than one month without the other knowing where.
- One parent joins in the petition.
- The child is not living with either parent.
- The child has been adopted by a stepparent.
- One parent is incarcerated or involuntarily institutionalized.
When the parents object. There is a rebuttable presumption that grandparent visitation is not in the child's best interest if the parents agree the grandparent should not have it, and likewise where the parent with sole legal and physical custody, or the parent the child lives with, objects.
Notice goes to each parent, any stepparent and anyone with physical custody, by personal service. When none of the listed circumstances exists any longer, the parents may move to end the visitation and the court grants it. Whether to file is a question for a licensed California attorney.
Sources for this section (1)
- Fam. Code 3104 — Grandparent visitation
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.