As a grandparent, few things are more painful than watching your grandchildren suffer through neglect, abuse, or abandonment—or having your relationship with them abruptly severed following a divorce or family conflict. You may feel helpless, but it is important to know that you have legal options.

At The Law Offices of Fadem & Associates, APC, we are here to quell your fears, offer hope, and open doors for your family that you may have thought were closed. While the legal road for grandparents is complex, you no longer have to walk it alone.

Grandparent Custody in a Family Law Case

In California, the law prioritizes the rights of fit parents. However, the court’s ultimate guiding principle is the best interest of the child. If a child is in a situation where remaining with their parents is harmful, grandparents can seek legal custody.

The Standard of Detriment

To be granted custody as a non-parent, you must meet a high legal burden. You must prove that:

To seek custody within an existing family law case (such as a divorce or paternity action), you must be “joined” to the case. This involves a Motion for Joinder, followed by a Motion for Custody. Once joined, you become a legal party to the action, allowing you to present evidence regarding the parents’ inability to provide a safe home.

Grandparent Visitation in a Family Law Case

If your longstanding relationship with your grandchildren has been cut off, California law provides a pathway to request court-ordered visitation. This is not an automatic right, but a “rebuttable presumption” that can be overcome with the right legal strategy.

Necessary Factors for Visitation

The court will generally only consider an order for grandparent visitation if:

Common Scenarios

Visitation is more likely to be granted if:

Grandparent rights cases are legally dense and emotionally charged. Because you are navigating “non-parent” status, you must follow strict statutory protocols to have your voice heard.

Immediate Assistance for Child Safety

If you believe your grandchild is currently a victim of abuse or is in immediate danger, do not wait. We have the resources to respond swiftly and seek emergency orders to protect the child.

Your issue may be time sensitive, please contact our Law Firm to set-up your Initial Consultation.

Please read the FAQs’ prior to your Initial Consultation.

We practice in all California Counties. In addition, Our Attorneys represents clients throughout California, the United States, and foreign countries with regard to Hague Matters.