You helped raise your grandchild, and now the child’s parent has stopped letting you visit. Can grandparents get court-ordered visitation in California? Sometimes, yes. But the law starts on the parent’s side, and a new appellate decision shows how small a first order can be and who pays the lawyers along the way.
Here is what the statute says, what the court decided on November 3, 2026, and what grandparents and parents should know before a petition is filed.
The Short Answer: Visitation Is Possible, but Not Automatic
California Family Code section 3104 lets a grandparent ask a court for visitation with a grandchild. The court “may grant reasonable visitation rights to the grandparent,” but only after it makes two findings. The word “may” matters. Even a grandparent with a close bond has no automatic right to a set schedule.
The law also gives weight to the parent’s choice. If the parents agree that a grandparent should not visit, or if the parent with custody objects, the law presumes visitation is not in the child’s best interest. The grandparent then has to overcome that presumption with evidence.
What a Grandparent Has to Prove Under Family Code Section 3104
Section 3104, subdivision (a), requires the court to do two things before it grants visitation:
- Find a preexisting relationship between the grandparent and the grandchild that has created a bond, so that visitation is in the best interest of the child.
- Balance the child’s interest in seeing the grandparent against the right of the parents to exercise their parental authority.
The first finding looks backward. The question is what the relationship already was, not what a grandparent hopes it could become. The second finding asks the judge to respect that parents, not grandparents, usually make decisions about their children.
When a Grandparent Cannot File at All
Under subdivision (b), a grandparent generally cannot file this petition while the child’s natural or adoptive parents are married to each other. The statute lists six exceptions:
- The parents are living apart on a permanent or indefinite basis.
- One parent has been gone for more than one month, and the other spouse does not know where.
- One of the parents joins in the grandparent’s petition.
- The child does not live with either parent.
- A stepparent has adopted the child.
- One of the parents is incarcerated or involuntarily institutionalized.
If none of those circumstances exist later, the parents may ask the court to end the grandparent’s visitation, and the statute says the court shall grant that request. When the parents were never married, as in the new case below, the married-parents rule does not block the petition.
Why the Parent’s Objection Carries So Much Weight
Two parts of section 3104 work against the grandparent from the start. Subdivision (e) creates a rebuttable presumption against visitation when the natural or adoptive parents agree the grandparent should not have it. A rebuttable presumption is a starting point the law assumes is true until the other side proves otherwise.
Subdivision (f) goes further. When the parent with sole legal and physical custody objects, or the parent the child lives with objects when there is no custody order, the presumption affects the burden of proof. In plain words, the grandparent carries the job of convincing the judge.
The statute adds other limits. A grandparent must personally serve the petition on each parent, any stepparent, and anyone with physical custody of the child. If a protective order is directed at the grandparent during the case, the court must consider whether the child’s best interest requires denying visitation.
A New Case: The Grandfather Who Helped Raise a Child
On November 3, 2026, the California Court of Appeal, Fourth Appellate District, Division One, published Timothy S. v. Sarah H. (D087153). According to the opinion, the county removed the older child from her parents in September 2019 and placed her with her grandfather and his wife. The mother regained custody in August 2021. The parents were never married.
In April 2024, the grandfather filed a petition under section 3104. He asked for one weekend visit and two dinner visits each month, plus weekly video calls. The mother opposed it and said he had no substantial relationship with the children.
The trial court entered an interim order, meaning a temporary order while the case continued. It allowed the grandfather a five-minute phone call with the children once a month and set a trial date. The opinion also notes that the two sides later agreed to a visitation schedule.
Who Pays the Lawyers in a Grandparent Visitation Case?
The appeal was about money. The mother asked the court to order the grandfather to pay $17,193 in attorney fees and costs for opposing his petition. The trial court said it had no statutory authority to award fees in a grandparent visitation case, and the Court of Appeal affirmed.
The mother relied on Family Code section 7605, a fee rule in the Uniform Parentage Act. That act is the set of laws courts use to decide who a child’s legal parents are and, for unmarried parents, custody and support. The Court of Appeal held that section 7605 covers proceedings under that act, and a grandparent petition under section 3104 is a separate path the Legislature created.
The mother also argued that the earlier juvenile dependency orders counted as parentage judgments. The court disagreed. It explained that dependency cases arise under the Welfare and Institutions Code, so exit orders from juvenile court are not judgments under the Uniform Parentage Act. The decision addressed only the fee statutes the parties raised, so it does not answer every possible fee question.
Practical Steps Before Filing or Answering a Petition
Whether you are the grandparent or the parent, these steps can help you prepare:
- Write down the history of the relationship with dates: where the child lived, who provided care, and how often visits happened.
- Keep copies of any custody order, juvenile court exit order, or protective order that involves the child.
- Check whether the parents are married to each other, and if so, whether one of the six exceptions applies.
- Plan for your own legal costs. Under Timothy S., section 7605 does not shift fees in a grandparent petition under section 3104.
- Expect a temporary order that may be small at first, and focus on the child’s best interest in every filing.
Family court words can be confusing. Our guide to minute orders in family law explains one of the first documents many people receive. You may also find our posts on disclosing your address in a child custody case and the deadline to ask for fees after a restraining order useful.
Common Questions About Grandparent Visitation in California
Can a grandparent ask for visitation if the parents are still married?
Usually not. Section 3104 bars the petition while the natural or adoptive parents are married, unless one of the six listed exceptions applies, such as the parents living apart or one parent joining the petition.
Can a court order a parent to pay costs connected to grandparent visits?
The statute gives the court some discretion here. When it orders grandparent visitation, subdivision (i) allows the court to order a parent or grandparent to pay the other for visitation costs, such as transportation and basic expenses for the child. That is different from attorney fees.
Does a close bond guarantee visitation?
No. A bond is required, but the judge must also balance it against the parents’ right to make decisions for their child, and a parent’s objection can create a presumption against visitation.
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ATTORNEY ADVERTISING. This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case depends on its own facts, and prior results do not guarantee a similar outcome. Responsible attorney: Jasmine Mines (State Bar No. 331135), Mines Law Firm, 468 N. Camden Drive, Suite 200, Beverly Hills, CA 90210.