Grandparent Rights Attorney
San Bernardino County | Visitation & Custody

Protecting Grandparent-Grandchild Relationships

Grandparents play vital roles in their grandchildren's lives—providing love, stability, wisdom, and connection to family heritage. When family conflict, divorce, or estrangement threatens this relationship, grandparents may need legal intervention to maintain contact with their grandchildren or, in some cases, seek custody to protect a child's welfare.

California law recognizes grandparent rights in limited circumstances, balancing the child's interest in maintaining these important relationships against parents' fundamental constitutional right to make decisions about their children. At Lewis Legal Group, we help San Bernardino County grandparents navigate this complex area of law with sensitivity and strategic advocacy.

Understanding Grandparent Rights in California

California does not grant grandparents automatic visitation rights. Parents have a fundamental constitutional right to make decisions about their children, including who can spend time with them. The U.S. Supreme Court affirmed this principle in Troxel v. Granville, holding that courts must give "special weight" to a fit parent's decision about grandparent visitation.

However, California Family Code Sections 3102-3105 provide a framework for grandparents to petition for court-ordered visitation or custody in specific circumstances. These cases require navigating complex legal standards that balance competing interests and constitutional rights.

The Constitutional Framework

Parents' rights to raise their children are protected by the Due Process Clause of the Fourteenth Amendment. Courts presume that fit parents act in their children's best interests. Any grandparent seeking visitation must overcome this presumption by demonstrating both:

• A qualifying circumstance under California law that allows a petition, and
• That court-ordered visitation serves the child's best interests despite parental objection

When Can Grandparents Petition for Visitation?

California Family Code Section 3104 permits grandparents to petition for visitation only when specific "triggering events" exist:

Qualifying Circumstances

• Parents are divorced, legally separated, or living apart — When parents have ended their relationship, the court may consider grandparent visitation
• One parent is deceased — Grandparents on the deceased parent's side have particularly strong standing to maintain the family connection
• One parent has been absent for at least one month — And the other parent doesn't know their whereabouts
• One parent joins the petition — If a parent supports grandparent visitation, standing is established
• The child is not living with either parent — When children are in third-party care, grandparent visitation may be appropriate
• Stepparent adoption — Grandparent visitation may continue after a stepparent adoption in limited circumstances

If none of these circumstances exist and both parents are alive, together, and united in opposing visitation, courts generally cannot override the parents' decision. The intact family presumption is strong.

The Legal Standard: Best Interest and Pre-Existing Relationship

Even when a qualifying circumstance exists, grandparents face significant hurdles. California law requires grandparents to prove:

Pre-Existing Relationship

Grandparents must demonstrate a pre-existing relationship with the grandchild that has "engendered a bond such that visitation is in the best interest of the child." Courts look for evidence of:

• Regular, ongoing contact before access was restricted
• Meaningful participation in the child's life (attending school events, providing care, celebrating milestones)
• Emotional connection and attachment between grandparent and grandchild
• The child's positive response to time with grandparents

Best Interest Analysis

Courts consider multiple factors to determine if visitation serves the child's best interests:

• The benefit to the child of contact with the grandparent
• The strength of the existing bond
• The potential harm to the child from losing the relationship
• The reasons for the parents' objection to visitation
• The impact of visitation on the child's relationship with the parents
• The child's wishes (if age-appropriate)

Even when all elements are met, courts must give "special weight" to a fit parent's decision. This makes grandparent visitation cases challenging, but not impossible when strong evidence supports the relationship's importance.

Grandparent Custody Cases

While visitation cases are difficult, grandparent custody cases follow a different framework and may be more successful when children need protection from unfit parents.

Seeking Custody as a Non-Parent

Under California Family Code Section 3041, grandparents can seek custody, but must overcome the presumption that placing the child with a parent serves the child's best interest. This requires proving by clear and convincing evidence that parental custody would be detrimental to the child.

Detriment can be shown through evidence of:

• Abuse or neglect
• Substance abuse affecting parenting ability
• Serious mental illness impairing judgment
• Abandonment or prolonged absence
• Domestic violence in the home
• Incarceration
• Inability or unwillingness to provide adequate care

Once detriment is established, the court determines custody based on the child's best interests, considering factors similar to any custody case.

De Facto Parent Status

Grandparents who have been the child's primary caretaker for a substantial period may qualify as de facto parents under Family Code Section 3041(d). This status provides stronger legal standing and recognizes that the grandparent has functioned in a parental role.

Courts consider:

• How long the child has lived with the grandparent
• Whether the grandparent assumed primary responsibility for the child's care
• The strength of the grandparent-grandchild bond
• Whether the parents encouraged this relationship

De facto parent status allows grandparents to be treated more similarly to parents in custody proceedings, rather than as third parties seeking to override parental rights.

Special Circumstances: Death of a Parent

When a parent dies, grandparents on the deceased parent's side have particularly strong grounds for visitation. California courts recognize the importance of maintaining the child's connection to the deceased parent's family and heritage.

Under these circumstances:

• The death qualifies as a triggering event under Family Code Section 3104
• Courts are more receptive to grandparent visitation to preserve family bonds
• The surviving parent's objections may carry less weight when balanced against the child's interest in knowing the deceased parent's family

Grandparents should act promptly after a parent's death to establish or maintain visitation, as delays can suggest the relationship wasn't significant.

The Petition Process in San Bernardino County

Grandparents seeking visitation or custody in San Bernardino County typically follow this process:

Filing the Petition

Grandparents must file Form FL-300 (Request for Order) along with Form FL-341(C) (Grandparent Attachment to Request for Order). The petition must include:

• Explanation of the qualifying circumstance allowing the petition
• Description of the pre-existing relationship with the grandchild
• Proposed visitation schedule
• Supporting declaration detailing the relationship history

Mediation

San Bernardino County may require mediation before a court hearing on grandparent visitation, particularly when sought as part of existing family law proceedings. While mediation can facilitate agreements, many grandparent cases proceed to hearing when parents strongly object.

Court Hearing

At the hearing, grandparents must present evidence supporting their petition. This may include:

• Testimony about the history and quality of the relationship
• Photos, videos, and documentation of time spent together
• Witness testimony from family members, teachers, or others
• Evidence of the child's bond with grandparents
• Expert testimony from child psychologists (in some cases)

Parents will have the opportunity to present evidence supporting their objection. The court then weighs all evidence to determine if visitation serves the child's best interests while respecting parental rights.

Building a Strong Case

Successful grandparent rights cases require careful preparation and compelling evidence. Key strategies include:

Documenting the Relationship

Begin gathering evidence immediately:

• Photos and videos showing regular interaction over time
• School records, medical appointments attended, receipts for child-related expenses
• Cards, letters, and communications demonstrating the relationship
• Testimony from neutral witnesses about your role in the child's life

Understanding the Legal Standards

Work with a Certified Family Law Specialist who understands the nuanced legal framework. These cases require balancing constitutional principles, statutory requirements, and case law precedents.

Demonstrating the Child's Best Interests

Focus evidence on how the grandparent-grandchild relationship benefits the child specifically, not just the grandparents' desire for contact. Courts want to see that maintaining the relationship serves the child's developmental, emotional, and social needs.

California Legal Resources

• California Courts Self-Help: Grandparent Visitation
• California Family Code Section 3104
• San Bernardino Superior Court - Family Law

Grandparent Rights Attorney Serving San Bernardino County

We represent grandparents seeking visitation and custody throughout San Bernardino County, including:

• Victorville Family Law Attorney — Our office is in Victorville
• Hesperia Family Law Attorney
• Apple Valley Family Law Attorney
• San Bernardino Family Law Attorney