In Sacramento child custody cases, a thorny issue can arise in situations where the grandparents wish to have visitation with the child but the parent(s) are unsupportive. California law does have a grandparent visitation statute permitting grandparents to independently petition for visitation with their grandchildren.
It is important to note that the US Supreme Court has held that parents have a fundamental right to direct the upbringing of their children and therefore make decisions that will be presumed to be in the child’s best interest. For this reason, courts will usually defer to a parent’s wishes and are often reluctant to give non-parents— including grandparents— time and authority over the child.
In Sacramento grandparent visitation cases, grandparents can have visitation if they provide enough evidence to show that the objecting parent’s concerns are clearly wrong. They also have to show they have a preexisting relationship with the child, and the Sacramento child custody court must balance the parent’s interest in maintaining authority against the child’s interest in visitation with grandparents.
While it is difficult to obtain grandparent visitation in Sacramento, it is not impossible. If you are involved in a Sacramento child custody and grandparent visitation case, please contact our office today. We offer a free half hour consultation to discuss your rights further.