Grandparents in San Mateo, CA, and throughout the state, do not have an automatic legal entitlement to either custody or visitation of their grandchildren. However, there is legal precedent for granting both of these legal rights to grandparents and established legal pathways that a child custody lawyer can help you to follow to pursue and maintain a meaningful relationship with your grandchildren.
What Legal Options Do Grandparents Have for Custody or Visitation?
The most important tenet of family law as it relates to decisions about visitation and custody of a child is that decisions must be made according to what is in the best interests of that child. In California, this is also balanced with the constitutional right of parents to make decisions about their own children’s upbringing. This means that special weight is given to the preferences of fit parents unless compelling evidence can be shown that their decision would be detrimental to their child or children.
Visitation
Visitation is sometimes known as “parenting time.” It is the granting of scheduled time with a child, without overriding a parent’s custodial authority. If the parents are married and cohabiting, with their children living with them, grandparents cannot usually seek visitation.
Grandparents may also petition for visitation when the child does not live with either parent or when one parent joins the grandparent’s petition to support visitation. Grandparents lose their rights to visitation if the child consents to an adoption by a non-family member, apart from cases of stepparent adoption. The petition for reasonable visitation will then undergo judicial review to determine whether continued contact is in the best interest of the child.
Legal Requirements
To be granted visitation, your petition must address and evidence a number of points. Firstly, you must prove that there is a pre-existing and meaningful bond between yourself and your grandchild. Secondly, you must show that visitation is in the best interest of the child. Thirdly, you must argue convincingly that denying visitation would be likely to harm the child emotionally or developmentally.
Custody and Guardianship
In California, the state allows for both custody and guardianship. Sometimes these terms are considered to be interchangeable, but this is not the case, legally speaking. While it is technically possible to be granted full custody, it is much more usual for grandparents to be made guardians of their grandchildren.
Custody
Custody grants rights over a child. It covers their physical custody, meaning the right to decide where the child will live. It also grants legal custody; the right to make decisions about the education, health, and welfare, of the child. However, custody is generally a term used to refer to cases with parents, such as in custody disputes.
Custody is automatically held by biological parents and may be granted by the court to adoptive parents or stepparents. It is only granted to a grandparent in the case of a pre-existing dependent caring relationship, and that usually subsequent to a formal guardianship rather than instead of one.
Guardianship
Guardianship is the legal pathway designed by the state of California specifically to allow people who are not the legal parents of a child to obtain legal responsibility for that child if the parents are unfit. This is the pathway that we advise grandparents to take when seeking to be awarded what is commonly called “custody” of a grandchild.
Legal Requirements
To seek the physical and legal guardianship of your grandchildren, you must be able to show either that the parents are unfit due to abuse, neglect, substance abuse, incarceration, mental illness, or abandonment, or that one or both parents are deceased or absent. You should also be able to show that there is an established caring relationship between yourself and your grandchildren, and that you can provide a safe and nurturing environment. Through all these, you must make the argument that the guardianship of your grandchildren being granted to you is in those grandchildren’s best interest.
San Mateo, CA Specifics
In San Mateo County, the court will refer you to counseling specific to guardianship cases before granting any visitation or custodial court orders. You may also choose to participate in a parent education workshop or a parent orientation class. While these are not compulsory for grandparents seeking visitation, they can be a good opportunity to demonstrate your commitment to providing a supportive environment for your grandchild and to get a clearer picture of how family law works in San Mateo courts.
Seek the Help of an Experienced Child Custody Lawyer
Whatever your situation, a great first step is to consult a skilled family lawyer with experience in custody, guardianship, and visitation cases. We believe there is no one-size-fits-all approach to family law. That is why those who consult with us can be sure of compassionate, professional legal advice that is tailored to their own case and goals. We can help you both to understand your own legal situation, and the benefits and downsides of potential plans going forward. From crafting your petition to arguing in court, we are dedicated to giving you the chance at an ongoing relationship with your grandchildren.