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originallawyer, Family Law Attorney
Category: Family Law
Satisfied Customers: 879
Experience:  9+ years of experience in divorce, custody battles and mediation.
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Our 2 granddaughters are living with our daughter and her

Customer Question

Our 2 granddaughters are living with our daughter and her husband. One child, who is actually the daughter of our son, is being raised by my daughter and husband since my son cannot take care of her. What are our rights to see them?
Submitted: 12 months ago.
Category: Family Law
Expert:  originallawyer replied 12 months ago.

Thanks for your question! I am working on your answer. This service is for information only. I cannot give you legal advice. Please stand by!

Expert:  originallawyer replied 12 months ago.


Absent bringing a law suit to see your son's daughter, you do not have automatic rights to see your son's daughter. The Supreme Court case Troxel vs. Granville set out a standard that grandparents have no legal enforceable right to see their grandchildren unless they proceed through the court system and are awarded such through the courts. California must abide by the Supreme Court decision.

Because your daughter and son in law are married you cannot bring a suit to get visitation with your daughter's child, unless one or more of the following conditions are met:

  • The parents are living separately;
  • A parent’s whereabouts are unknown (and have been for at least a month);
  • One of the parents joins the grandparent’s petition for visitation;
  • The child does not live with either of his or her parents

Regarding your son's child, you could file for visitation, but you would need to prove and manage the following:

  1. Find that there was a pre-existing relationship between grandparent and grandchild that has “engendered a bond.” This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild.
  2. Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.

It is possible that this may be something that can be worked out without going to court, but the above would be your legal recourse if you did decide to pursue visitation with your son's daughter.