Visitation Rights

Per California Family Code 3100(a), in a marital dissolution proceeding, the Court may, in its discretion, grant visitation rights to any person having an interest in the welfare of the child.  This can include grandparents, stepparents, or adult siblings of the child.


Reasonable visitation may be granted to stepparents, per California Family Code section 3101(a), if the Court finds doing so is in the best interest of the minor child. 


Grandparents have the right to petition the Court for visitation rights with their grandchildren in certain circumstances (e.g. When one parent is deceased, when the parents are parties to a pending dissolution of marriage proceeding, when the parents are not married to one another (including after a divorce), and when the parents are married but are living separate and apart on a permanent or indefinite basis and meet other statutory criteria). 


In certain circumstances, such as when one of the natural parents of a child is deceased, the Court can order visitation between a minor child and a sibling per California Family Code section 3102(a).

If you feel that you need the Court’s assistance in pursuing visitation time with your stepchildren, grandchildren, or sibling, call us at 408-294-4525 to schedule a free one hour consultation with one of our experienced Family Law Attorneys to discuss your case.

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    Hirz Law Group | Attorneys at Law
    75 East Santa Clara Street, Suite 275
    San Jose, CA

    Phone: (408) 294-4525
    Fax: (408) 294-4732