Parents have a constitutional right to make decisions for their children. Under the U.S. Supreme Court case of Troxel v. Granville (2000), California courts begin with the presumption that a parent’s decision about visitation is correct.
If a petition moves forward, the court may review the grandparent-grandchild bond, the child’s needs, the history of contact, the level of conflict, any abuse or domestic violence, and whether visitation would interfere with parental authority.
A petition may be barred when both parents oppose visitation, or when the parents are married and living together and jointly object, unless a statutory exception applies.
Caregiving history may also matter. U.S. Census Bureau data shows that more than 2.7 million grandparents are responsible for the basic needs of grandchildren living in their homes. A Sacramento grandparent rights attorney can use that history to support a claim that continued contact benefits the child.