In California, there are two sets of circumstances where grandparents can petition for court-ordered visitation:
When a parent dies – children, siblings, parents, and grand[parents of the deceased all have a right to visitation if in the child’s best interests. CA FC 3102 or,
OR
Both of the following circumstances are present:
- Preexisting bond/relationship between grandparent and child
- At least one of the following exist:
- Parents are divorced or
- Parents are living separately and apart on a permanent basis
- One spouse has been absent for over a month and the other knows not of his/her whereabouts
- One of the parents joins in the petition with the grandparents
- The child is not residing with either parent
- The child has been adopted by a stepparent
# Note: when any of these conditions fail in the future, either parent may move to terminate the visitation.
* CA FC 3104