Legal Question in Family Law in California

Re: custody and/or visitation

ily Code Section 3100(a) provides that, in the discretion of the court, reasonable visitation rights may be granted to any other person who has an interest in the welfare of the child. Family Code Section 3104 provides special jurisdiction for a grandparent to petition for visitation, even if there is no other proceeding pending in which child custody and visitation is at issue. However, I seem to recall the the US Supreme Court recently held that Grandparent visitation statutes such as this may be unconstitutional. Call me if you are in the Bay Area

Re: custody and/or visitation

Based upon the recent Supreme Court decision and the appellate court's interpretation of the California statutes, it is someplace between slim and none unless the parents are unfit parents. According to some legal thought the court can step in when the custodial parent refuses to allow any contact, but that is still open for debate. I wished that I could give you a better answer because I believe that grandparents are very important in the lives of children. Watch for changes as this is a changing area of law based upon the recent Supreme Court decision. Good Luck, Pat McCrary