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Courts also must balance parent's prerogative to deny the grandparent's visitation against the positives of the grandparent having visitation. If a child is 14 or older, the judge will also consider the child's opinion on grandparent visitation.
No grandparents have automatic legal "rights" to see or "visit" their grandchildren. But in some states, they may have rights to petition the court for visitation in certain situationsfrequently in the case of families separated by events such as divorce, incarceration, or the death of a parent.
Seeking Visitation or Custody in CaliforniaCalifornia law gives grandparents the right to petition for visitation in one of many circumstances. For example, a grandparent can file for visitation when the grandchild's parents are divorced, not married, or separated.
How often the grandparents see their grandchildren will often depend on their location. Local grandparents may visit their grandchildren as often as once or twice a week, while out-of-state grandparents may make a special trip to visit with the grandkids two to three times a year.
What can I do? The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.