During divorce custody disputes can occasionally become multi-generational with grandparents seeking visitation with, or even custody rights over, their grandchildren. In general, the Court’s preference to award custody to one or both parents is set forth in California Family Code § 3040(a)(1). However, the Court may award custody of a child or children to a non-parent in the event that the Court deems it inappropriate to award custody to either parent. This non-parent can be a grandparent, other relative, or even just a family friend. Family Code §§ 3101, 3103 and 3104 set forth the requirements for grandparent visitation in California.
Visitation
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