What You Need to Know About Grandparent Custody Rights in California
Custody is the guardianship of a child that is conferred upon an individual by the court and can be granted to grandparents. Here is what you need to know about grandparent custody rights in California.
Grandparents are allowed to request custody of their grandchild under certain circumstances. A grandparent hoping to obtain custody rights should prove that their grandchild’s well-being would be best protected under their care.
California Statutes that aid a grandparent’s custody rights case
Under Section 3011, courts must review custody cases with the child’s best interests in mind. If a grandparent can prove that their grandchild’s welfare, health, and safety would be best protected by them having custody rights, then they may be able to gain custody of their grandchild.
Under Section 3100, a grandparent can be guaranteed visitation rights. In order to be granted visitation rights, a grandparent must prove that their grandchild has a strong connection with them and that their grandchild is suffering from or will suffer from not having contact with them. This section only applies when the parents are divorced, going through a divorce, or when one parent has passed away. If the child’s parents are married, grandparents cannot petition for visitation rights unless:
- The child’s parents are separated and are residing in different households
- One of the child’s parent is unaccounted for
- One of the child’s parents approves of and joins the grandparent’s petition for visitation rights
- The grandparent’s grandchild has been adopted by a stepparent
Related: Third-Party Custody Rights in California
Getting Child Custody as a Grandparent
Obtaining custody rights of a grandchild can be difficult, especially if the grandchild is still cared for by both of their parents. Courts prefer to keep the child with their parents and discourage uprooting the child unless needed. If a grandparent wishes to gain custody of a grandchild who still has both parents, and whose parents are married, they should expect to provide a high burden of proof for their petition. Situations that would warrant a grandparent(s) gaining custody include:
- Both parents being unfit to take care for the child
- It is vital that a grandparent provides proof against both parent’s ability to care for the child. If only one parent is deemed unfit, a grandparent will still be denied custody on the grounds that the other parent can care for the child.
- The exception is when one parent is considered unfit to raise their child and the other parent cannot or will not take care of the child.
- It is vital that a grandparent provides proof against both parent’s ability to care for the child. If only one parent is deemed unfit, a grandparent will still be denied custody on the grounds that the other parent can care for the child.
- Both parents consenting to give child custody rights to the grandparent
- This is known as consent guardianship.
- It is only viable in instances where both parents consent; if not, a grandparent must petition for non-parent custody.
- A grandparent providing proof of alcohol and/or drug abuse in the home the child is currently residing in
- Under Section 3011, history or use of illegal substances and the abuse of substances can warrant a parent losing custody.
- The parents neglecting their child
- The neglect of a child can harm a parent’s ability to keep their child and aid a grandparent’s case.
- If the neglect occurs alongside abuse, a grandparent’s case for child custody rights is strengthened.
If a grandparent wishes to obtain custody of a grandchild who is not cared for by both of their parents, whose parents are divorced, or whose parents are deceased, there are additional steps they can take to gain child custody:
Petition for visitation rights
Petitioning the court for visitation rights provides the court with proof that the grandparent is invested in spending time with their grandchild and strengthens their claim about having a special interest in the child’s well-being.
Prove that they are the best fit for the child’s care
When a child’s parents pass away, a grandparent who wishes to gain custody should provide the court with proof that their grandchild would benefit from being raised by them.
This is especially vital in cases where the parents listed another individual as the person who should gain guardianship of their child in the event of their passing.
Related: Child Custody Laws in California
FAQS
If my grandchild was taken into the foster care system how can I get them back?
You should go to court and petition for custody rights. It will be easier to be granted rights because your grandchild’s parents will already have been deemed unfit, or temporarily unfit.
If I think my grandchild is not being treated correctly can I gain custody?
You should report the suspected mistreatment and contact a family law attorney to begin your petition for child custody.
Contact Us
If you or a loved one is seeking custody rights as a grandparent in California, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!