Grandparent Visitation

With respect to court’s authority to issue orders providing a right to visitation to a grandparent, the United states Supreme Court has reiterated a parent has a fundamental constitutional right to make decisions concerning the rearing of her or his children and the traditional presumption that a fit parent will act in the best interest of his or her child.  However, this right is neither plenary nor beyond review by the court.

In California, a court of appeal has opined that any restriction on a grandparent’s visitation by a parent of a grandchild must be meaningful.  Although great weight is given to the wishes of parents those decisions are not outside of judicial review.

When parents are separated or divorces, the California Supreme court has stated that one parent’s petition for grandparent visitation may take priority over custodial parent’s right to decide whom their child will associate and under what conditions when under her or his care.

If you are a grandparent seeking visitation with a grandchild, call to set up a consultation to learn more.