Grandparents Rights in California -- Visitation and Custody — California Family Law

Grandparents Rights Under California Law

Grandparents rights California law provides under Family Code sections 3103 and 3104 are limited but real. California grandparents can petition for court-ordered visitation with a grandchild, but the legal standard they must meet is high: they must demonstrate a preexisting meaningful grandparent-grandchild relationship and show that ordering visitation serves the child's best interests. Courts balancing grandparent visitation requests must also weigh the parents' constitutional right to make decisions about the upbringing of their children -- a right the U.S. Supreme Court recognized in Troxel v. Granville (2000) and that California courts take seriously. The result is that grandparent visitation is available but not easily obtained over both parents' objection.

Lawyers for grandparents rights California clients need must navigate this constitutional tension carefully. The key legal elements a grandparent must establish are: (1) a preexisting relationship with the grandchild that has engendered a bond such that visitation is in the best interests of the child; and (2) the benefit to the child of contact with the grandparent outweighs the harm to the parent-child relationship that may be caused by ordering visitation over the parent's objection. The court then uses its discretion to determine whether and how much visitation to order.

When Can Grandparents Petition for Visitation in California?

Family Code section 3104 allows grandparents to petition for reasonable visitation in the following circumstances: when the parents of the child are not presently married to each other; when the parents are separated; when one parent's whereabouts are unknown; when one parent has been absent from the family home for more than one month; when the child is not residing with either parent; when one parent is incarcerated or institutionalized; or when one parent has passed away and the surviving parent denies visitation. A grandparent cannot petition for visitation if both parents are married to each other and object -- this statutory limitation reflects the constitutional deference to intact two-parent families.

How to petition for grandparent visitation in California: file a Petition for Grandparent Visitation (California Judicial Council form GC-070 in Probate Court proceedings, or a Request for Order in family law proceedings where the parents are already before the court). In a family court proceeding, the grandparent may need to seek leave of the court to file a Request for Order if they are not already a party to the case. The petition must describe the relationship between the grandparent and the grandchild, explain why visitation serves the child's best interests, and address the parents' position on the request.

How California Courts Evaluate Grandparent Visitation

When a grandparent files for visitation, the court considers: the love, affection, and other emotional ties existing between the grandparent and the grandchild; the length and quality of the prior relationship between grandparent and grandchild; the grandparent's ability to provide a stable environment; the grandchild's need for continuity and stability; the distance between the grandparent's home and the grandchild's home; the child's age and developmental needs; any sibling relationships that would be affected; and any history of abuse or neglect by the grandparent. The court gives "presumptive weight" to the parents' wishes regarding grandparent visitation, meaning that the burden falls on the grandparent to overcome the parents' objection with clear evidence of the child's need for the relationship.

Orange County grandparent visitation cases and Riverside County grandparent visitation cases are heard in the respective Superior Courts. In Orange County, these matters are heard at the Lamoreaux Justice Center in Orange. In Riverside County's Southwest corridor (Murrieta, Temecula, Menifee), these matters are typically heard at the Southwest Justice Center.

Grandparent Custody in California -- Guardianship vs. Custody

Can grandparents get custody in California? There are two main paths. In family court, if the parents are already involved in a dissolution or custody proceeding, a grandparent can sometimes seek to join the proceeding and request custody or visitation as a third party -- but the threshold is high and court permission to intervene is required. The more common path for grandparents seeking primary care authority is legal guardianship in Probate Court, where the grandparent files a Petition for Appointment of Guardian of the Person under Probate Code section 1510. Guardianship gives the grandparent legal authority to make decisions for the child's care, education, and health -- equivalent to the authority of a parent -- without terminating the parents' legal rights.

Guardianship is appropriate when the parents are unable to care for the child due to substance abuse, incarceration, illness, or other circumstances but the situation may be temporary. If the parents' inability is permanent and adoption is a possibility, the child may be better served by an adoption proceeding that permanently establishes the grandparent (or another person) as the legal parent. Furubotten Law, APC advises grandparents on which path -- visitation, guardianship, or other options -- best serves the grandchild's needs in their specific situation.

When a Parent Has Died -- Grandparent Visitation Rights

When one parent has died and the surviving parent is denying visitation to the deceased parent's family, California Family Code section 3102 provides a specific statutory right for the deceased parent's relatives -- including grandparents -- to petition for visitation. The surviving parent's objection is given presumptive weight, but the court can order visitation if the petitioner establishes that visitation serves the child's best interests. Many courts in this context consider the connection to the deceased parent's family as part of preserving the child's heritage and identity, which can support a finding that visitation serves the child's best interests even over the surviving parent's objection.

Grandparents Rights Attorney -- Orange County and Riverside County

Grandparent visitation and custody cases require careful strategic planning -- the procedural path (family court vs. Probate Court vs. joining an existing proceeding), the evidence needed to meet the preexisting relationship and best interests standards, and the approach to navigating parents' constitutional rights all require experienced legal guidance. Furubotten Law, APC represents grandparents petitioning for visitation or guardianship and parents responding to grandparent visitation petitions throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary initial case evaluation with Denise Furubotten, Esq.

Last reviewed: June 2026 · Author: Denise Furubotten, Esq.

Additional Grandparent Visitation Situations

Move-away attorney and move-away lawyer for grandparents: when a parent plans to relocate with the child, grandparents who have existing court-ordered visitation have the right to be heard in the relocation proceeding. Grandparent visitation rights can be modified in connection with a move-away case. If you are a grandparent with court-ordered visitation and the custodial parent plans to relocate, contact a family law attorney promptly -- relocation cases have strict procedural timelines.

Petition to remove parental rights as an alternative to guardianship: in some circumstances, if a parent is permanently unable to care for a child, a grandparent may consider petitioning for adoption rather than guardianship. Adoption permanently terminates the birth parents' legal rights and creates a new legal parent-child relationship between the grandparent and grandchild. This is appropriate when the parents' circumstances are permanent and the child needs the security of a permanent family placement. Furubotten Law, APC can advise on the choice between guardianship and adoption in your specific situation.