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What rights do grandparents having during a divorce?

If your son or daughter is going through a divorce, you may have questions about your visitation rights as a grandparent. This may be especially true if the divorce is complex, or if one party is set against the other. Regardless of the relationship between your child and his or her spouse, you have the right to see your grandchild in California.

Keep reading for more information about the rights you have to see your grandchildren in California.

The best interests of the child

According to FindLaw experts, the courts determine visitation rights for grandparents based on several factors. These factors include the following:

  • Whether or not a child’s parent is dead
  • Whether or not the child’s parents are still married
  • The location of the parents, specifically if the location of one or both parents is not known
  • Whether the child is currently living with either parent
  • If visitation rights are in the best interest of the child
  • If you already have a preexisting relationship with your grandchild

California law considers the best interest of the child above other factors.

When a court grants visitation rights

California courts strive to balance the visitation rights of grandparents with the parent’s visitation rights. If for some reason, both parents protest you having visitation rights to your grandchild, the court will likely determine that it is not in the best interest of the child.

If the court grants visitation rights, you will have regular, scheduled time to see your grandchild. This schedule may coincide with one or both parents and will consider the needs of everyone involved. In certain cases, you may receive full custody if the court determines it is best for the child.