Unfortunately, circumstances exist where grandparents becoming the primary legal guardians of their grandchildren is genuinely the best for everyone involved. Fortunately, such situations are statistically rare since many substantial factors in a child’s life must go wrong before a grandparent is required to take over the role of day-to-day parenting and care of their grandchild.
If you are in a situation where you must begin the process to seek full custody of a grandchild, it’s vital to be well-informed about the laws, requirements, and legal steps involved in such a process. This article will explain what you need to know about the topic, including the circumstances under which a grandparent is entitled to seek custody and the steps they must take to earn that right.
What Are Basic Grandparents’ Rights Regarding Grandchildren in California?
Every state in the United States has some version of law that guarantees parents the ultimate right to raise their children in the specific ways they see fit. This legal precedent was fully entrenched by the 2000 US Supreme Court decision in Troxel v. Granville. This case found that the state of Washington had overstepped its bounds when it offered extended visitation rights to grandparents, undermining the mother’s ability to make fundamental decisions about her child’s life and upbringing.
In California, if parents have not been proven to be unreliable or unworthy custodians, they have the full legal right to deny grandparents visitation. On the other hand, grandparents can petition California courts for visitation rights so long as they can prove that such visits are in the child’s best interests and that some relationship with the grandchild existed before their petition was submitted.
All in all, California courts prioritize the child’s needs and best interests, with parents having by far the strongest say and influence. Grandparents can step in only when specific circumstances arise.
Grandparent Custody in California
Now, let’s examine when and how grandparents can begin to seek custody of their grandchildren in California.
Under What Circumstances Can a Grandparent Seek Custody?
According to California Legal Code § 3041, a court may grant custody of a child to a non-parent (e.g., a grandparent) only when the parents are unfit or unable to maintain stewardship in a way that serves the child’s best interests. This principle is also relevant in cases involving child custody and relocation, where significant life changes may prompt a reassessment of the child’s living arrangements. In particular, the definition describes a situation where giving the normal parents custody would be detrimental to the child’s well-being.
According to this code, there are two common ways a parent can be deemed unfit for custody. The first is giving up their parental rights when someone else is willing to become the child’s legal parent.
The second is by presenting a preponderance of “clear and convincing evidence” that living with the parent would be detrimental to the child’s overall well-being. This includes, but is not limited to, parents with provable substance abuse issues, demonstrably unstable mental health, tendencies for physical or mental abuse, and so on.
Importantly, this code also considers it “detrimental” for a child to be removed from a stable environment where a person or persons have assumed daily care and provided appropriately nurturing guardianship for a substantial amount of time. In short, if guardians (such as grandparents) have already been taking care of a child for long enough, it would be considered harmful to upset that stable environment, regardless of whether or not the birth parents are suitable guardians.
What Must a Grandparent Legally Prove to Gain Custody?
As mentioned, the most important deciding factor in these kinds of cases is determining what will be best for the child’s well-being in the long run. For grandparents to win custody in court, they must typically demonstrate two things:
Firstly, the parents currently caring for the child are unfit to do so. We’ve already mentioned situations of abuse and instability caused by mental illness or drug use. A case can also be made if one or both parents are deceased, have been absent for long periods of time, or are incarcerated.
Secondly, regardless of any other factors grandparents must also prove that they are suited to and capable of being good guardians for the child. The most frequent factors to be considered are:
- The Grandparent’s Current Relationship With the Child — Courts will frequently consider how close grandparents already are to their grandchildren. A grandparent who has maintained a relationship with their grandchildren for years will always have an advantage over one who has been absent or unable to build that relationship before the court proceedings.
- The Grandparent’s Ability to Provide —Much as we may not like it, money will always play a role in these kinds of family matters. To be considered appropriate potential guardians, grandparents must demonstrate that they have the financial means and proper living space to provide appropriate and adequate care for a minor.
Lastly, in cases of children who are at least 14 years old or older, the child’s preference can also potentially play a substantial role in determining custody.
Turn to the Gorski Firm For Legal Representation If You’re Seeking Custody of Your Grandchildren
As with any legal proceeding, one of the most important early steps is to meet with a legal professional specializing in the relevant area of law. Be open and honest in presenting the facts with your family law attorney to most accurately learn your odds of success and how best to proceed.
That’s where the experts at The Gorski Firm come in. If you are seeking custody of a grandchild or relative, turn to our expert legal team. We specialize in family law, particularly divorce and custody cases.
We have years of experience and an excellent reputation. Contact us today to find out how we can help you do right by your family.
