Above all, children need stability and a nurturing environment to ensure healthy development – which is why visitation rights in California are granted by courts after careful consideration of what has been deemed to be in the best interests of a child. Family members might qualify for different visitation rights, depending on the relationship and influence they have on a child.
While co-parenting might seem to be a challenging prospect, California Law emphasizes that it is in a child’s best interests to have a relationship with both parents. The state law stipulates that both parents have the right to request custody and visitation rights since they should be regarded as equals in the child’s life. Traditionally, courts have been more inclined to grant sole custody to mothers and visitation rights to fathers, but contemporary rulings have started to flip the scenario. Courts now take greater consideration of a child’s wishes and take into account factors such as which parent will provide the child with the most care and stability.
California law stipulates that grandparents are able to ask the court for reasonable visitation with a grandchild. To allow this request, the court first has to determine whether there is such a deep bond between the child and grandparent that justifies visitation and whether it is in the best interests of the child. California Family Code section 3103 states that a grandparents’ visitation may also not be requested if it can conflict with a birth parent’s, who is not aware of the proceedings, right to custody or visitation.