Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm very sorry to hear about your situation.
California law unfortunately only allows grandparents to file for custody in very specific situations. It's extremely difficult to get visitation with grandchildren over the objection of both parents when the parents are married, living together, raising the children together, and have agreed to deny access to the grandparents. As parents, they have a right to raise their child in the manner they deem appropriate - and that includes who can see their kids. In this situation, your ability to parent doesn't even come into play. The question is whether you have rights as a grandparent that supersede their rights as a parent, and I'm sorry to say that you don't. A grandparent also must establish a deep bond with a grandchild in order to seek custody, which usually means that the child lived with the grandparent at some point If you've only see him a handful of times over the past 5 years, that's not going to be enough.
I'm sorry to say, the only way to get access to your grandchildren in this situation is to seek to repair your relationship with the parents.
I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.Good luck.