California
Child Visitation Laws

California Child Custody Guide :: Table of Contents

What Is Child Visitation?
Child Visitation Law Table
California Child Visitation Law Summary
Child Visitation For Grandparents, Relatives, and Third PartiesCalifornia
California Child Visitation Law Text

Visitation General Information

What is child visitation?

In the context of a child custody case, visitation is defined as the rights for a non-custodial parent to see their child, or as temporary custody that's been granted for a period of time to an otherwise non-custodial parent or relative.

In general, courts in California assume that it is beneficial for both biological parents of a child to have shared custody or visitation, unless it is shown to be against the child's best interests. A biological parent who is denied custody may be awarded visitation rights to provide for a relationship between the parent and child.

Visitation by grandparents, family members, or other third-parties is less clear cut in California, and nationwide. While there are state guidelines regarding third-party visitation in certain situations, these laws are frequently challenged.

Above all else, courts in California strive to make custody and visitation decisions that are "in the best interests of the child". The court handling each individual visitation case has significant flexibility in determining what arrangement is in the child's best interests. You can read about California's visitation guildelines on this page.

California Visitation Court Considerations Table

Step Parents
Grandparents Generally
Grandparents After Death of child
Grandparents After Divorce Of Child
Grandparents Child Never Married
Any Interested Party
After Termination Of Parental Rights

California Child Visitation Summary

In California, a biological parent of a minor child may request visitation rights as part of a pending divorce, parentage or custody case. A biological parent may also petition the court for visitation, absent a pending divorce, parentage or custody case by filing a petition for visitation.

When reviewing a request for visitation, the court will base their decision on whether granting a parent visitation would be "detrimental to the child." What is considered detrimental to a child consists of factors related to emotional, health, social and educational needs. If visitation may be detrimental in any of these areas a court may deny or limit visitation rights.

Grandparents are allowed visitation, however, they may only obtain visitation rights if a parent is deceased, the child's parents are divorced or separated, the whereabouts of one parent is unknown, or the child is not residing with either parent. Just as is the case for determining visitation for biological parents, grandparent visitation is allowed as long as it is not "detrimental to the child.

California Child Visitation For Grandparents, Relatives, and Third Parties

In the state of California, there are a number of laws regarding child visitation regarding visitation for third-parties other than the biological parents of the child. While state laws regarding third-party visitation have been frequently been challenged in courts, they are a good indication of California's positions regarding non-parental visitation rights.

Visitation Rights Of Grandparents In California:

California has special statutes regarding the child visitiation rights of grandparents under different circumstances. Under state law, the grandparents of children may obtain visitation while the parents are alive, regardless of the parent's marital status.

Grandparents, Visitation In General

✓ YES

Grandparents, After Death Of Parent

✓ YES

Grandparents, After Divorce Of Parent

✓ YES

Grandparents, Parent Never Married

✓ YES

Regardless of state presumptions regarding grandparent's visitation rights under specific circumstances, a California court may allow or prevent visitation rights in any situation based on the best interests of the child.

Visitation Rights Of Other Parties In California:

Are step-parents granted visitation rights in the state of California?

Generally it is an uphill battle for step-parents seeking visitation rights for a step-child, especially if the biological parents of the child are alive and are opposed to the visitation.

Under California law, legal provisions do exist to grant child visitation rights to step-parents under certain circumstances, so visitation can be readily applied for. In all cases, third-party visitation rights are more likely to be granted by the court if they are deemed to be in the best interests of the child.

Can other interested parties or relatives be granted visitation rights to a child in California?

Under state of California law, it may be possible for other individuals to be granted visitation rights by the court. This might include relatives other than the child'a parents, previous caregivers, etc.

Can parents be granted visitation rights after termination of parental rights or adoption in California?

In the state of California it is possible to be granted visitation rights after termination of parental rights or giving up a child for adoption. This is the case with both biological parents and previous guardians.

| State Law Official Text

Section(s):
CAL. FAM. CODE § 3040 thru § 3041 CAL. FAM. CODE § 3100 thru § 3105

3040.

(a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020:

(1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020, and shall not prefer a parent as custodian because of that parent’s sex. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.

(3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

(b) The immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a).

(c) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child.

(d) In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child’s need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020.

(Amended by Stats. 2013, Ch. 564, Sec. 2. Effective January 1, 2014.)

3041.

(a) Before making an order granting custody to a person or persons other than a parent, over the objection of a parent, the court shall make a finding that granting custody to a parent would be detrimental to the child and that granting custody to the nonparent is required to serve the best interest of the child. Allegations that parental custody would be detrimental to the child, other than a statement of that ultimate fact, shall not appear in the pleadings. The court may, in its discretion, exclude the public from the hearing on this issue.

(b) Subject to subdivision (d), a finding that parental custody would be detrimental to the child shall be supported by clear and convincing evidence.

(c) As used in this section, “detriment to the child” includes the harm of removal from a stable placement of a child with a person who has assumed, on a day-to-day basis, the role of his or her parent, fulfilling both the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time. A finding of detriment does not require any finding of unfitness of the parents.

(d) Notwithstanding subdivision (b), if the court finds by a preponderance of the evidence that the person to whom custody may be given is a person described in subdivision (c), this finding shall constitute a finding that the custody is in the best interest of the child and that parental custody would be detrimental to the child absent a showing by a preponderance of the evidence to the contrary.

(e) Notwithstanding subdivisions (a) to (d), inclusive, if the child is an Indian child, when an allegation is made that parental custody would be detrimental to the child, before making an order granting custody to a person or persons other than a parent, over the objection of a parent, the court shall apply the evidentiary standards described in subdivisions (d), (e), and (f) of Section 1912 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.) and Sections 224.6 and 361.7 of the Welfare and Institutions Code and the placement preferences and standards set out in Section 361.31 of the Welfare and Institutions Code and Section 1922 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

(Amended by Stats. 2006, Ch. 838, Sec. 2. Effective January 1, 2007.)

California Child Visitation Laws

Visitation Rights Of Grandparents In California:

✓ YES

✓ YES

✓ YES

✓ YES

Visitation Rights Of Other Parties In California:

California
Child Visitation Laws