A new California law will let grandparents petition a court for visitation rights if their grandchild has been adopted by a stepparent. The law is based on Assembly Bill 2517 by Assemblyman Van Tran that was signed into approval by California Governor Arnold Schwarzenegger last August.
As with the already existing laws regarding grandparents’ rights in California, visitation would then be granted if a court found that maintaining the grandparent-grandchild relationship was in the grandchild’s best interests.
“When situations arise between adults, children are often the ones that lose; they have no rights when visitation issues occur with grandparents,” states Tran. “Children should be allowed to know and maintain loving relationships with their grandparents.”
According to AB2517, SECTION 1. Section 3104 of the California Family Code is amended to read:
3104. (a) On petition to the court by a grandparent of a minor child, the court may grant reasonable visitation rights to the grandparent if the court does both of the following:
(1) Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child.
(2) Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.
(b) A petition for visitation under this section may not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist:
(1) The parents are currently living separately and apart on a permanent or indefinite basis.
(2) One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.
(3) One of the parents joins in the petition with the grandparents.
(4) The child is not residing with either parent.
(5) The child has been adopted by a stepparent.
At any time that a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation and the court shall grant the termination.
Sagaria Law, P.C. handles grandparent visitation cases and other family law matters in Monterey County, Alameda County, and Santa Clara County. If you wish to discuss a grandparent visitation-related matter or need an attorney to represent you in a grandparent visitation case, Contact Sagaria Law, P.C. today.
New laws from local politicians in effect in 2007, Dailypilot.com, January 1, 2007
Assemblyman Tran’s Bill Protecting Families Signed By Governor Schwarzenegger, Assemblyman Van Tran, August 23, 2006
BILL NUMBER: AB 2517
Related Web Resource:
The Essential Grandparent