Separating and divorcing parents must always address issues regarding the custody and visitation of their minor children. And sometimes this also includes the grandparents. California law also gives grandparents the right to spend time with their grandkids under certain circumstances. As the state’s Third District Court of Appeals recently explained, courts considering a request for grandparent visitation rights focus on the grandchild’s best interests, among other factors.
Father and Mother were married when Mother gave birth to Daughter in 2004. Father’s parents moved from Sacramento to a residence three blocks from the family’s home in Roseville a year later, and Grandfather became the child’s primary caregiver. When Father and Mother separated and then divorced four years later, the grandparents watched Daughter as much as 25 days per month.
Husband’s relationship with his parents started to sour, however, after Daughter and he moved in with the grandparents. They said Father’s mood changed when he started taking certain medication. Father and Daughter eventually moved out of the house, supposedly after the grandparents asked him to leave. Father then told his parents that they would never see the child again. Their time with Daughter decreased over the following months, and the grandparents eventually asked a court to award them visitation time.