Grandparent Visitation

Family Code Sections 3100-3104 governs the rights of grandparents.

by Aaron Dishon, Esq.

Family Code Sections 3100-3104 allows for grandparents to be awarded visitation under certain circumstances such is if a parent is deceased, or if the parties are separated or divorced and if the court determines that visitation by the grandparent is in the best interest of the child.

However, there is a rebuttable presumption affecting the burden of proof that the visitation of a grandparent is not in the best interest of a minor child if the child's parents agree that the grandparent should not be granted visitation rights.

Visitation rights may not be ordered under this section if that would conflict with a right of custody or visitation of a birth parent that is not a party to the proceeding.

The Court must also:

• Find 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; and
• Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.

Child Custody