Change Grandparents Rights

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I need your support in the fight for grandparents to maintain visitation rights with grandchildren regardless of circumstances beyond grandparents control.

I seek to amend California Family Code, Div. 8, Part 2, Chap. 5, § 3104 to extend grandparental rights found under the current law in order to give grandparents equal protection of their rights, regardless of the relationship status of the child’s parents. 

Current Family Code in California recognizes the rights of grandparents in the form of visitation rights, however, grandparents do not have their rights equally protected under the law. Section 3104, sub. (b) only allows grandparents to file petition for visitation if the “natural or adoptive parents are [not] married.” While current code does include alternative situations in which a grandparent may petition for visitation, none of the alternatives account for grandparents who want to petition against the natural or adoptive parents’ wishes. In cases where parents bar contact between grandparent and child, despite a preexisting relationship that benefits the child, grandparents are unable to petition for visitation. By denying grandparents rights based on parental relationship status (a circumstance beyond the grandparents control), grandparents’ rights not protected equally under the current law. 

I propose abolishing subsection (b) from current Family Law Code §3104. 

Abolishing this subsection would give grandparents equal visitation rights regardless of parental relationship status that is beyond the grandparents’ control. Even with the abolition of this subsection, visitation would still be granted only if it was in the best interest of the child as §3104 would still require the grandparent to have a preexisting relationship with the child in order to petition for visitation that would foster the relationship in the interest of the child’s well being.

I ask you sign this petition to support grandparents' right to maintain a relationship with a grandchild. 

Please share this petition with friends, family and your local representative!