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Do a GREAT-GRANDPARENT of a minor child have the right to file for visitations under 3104? Looking 4 cases that was argued.

Long Beach, CA |

Looking for any cases in California where the GREAT GRANDPARENT of the minor child was seeking visitations under the family law code 3104 I found cases in other states but none here, FLC 3104 states On petition to the court by a grandparent of a minor
child, the court may grant reasonable visitation rights to the
grandparent if the court does both of the following:
(1) Finds that there is a preexisting relationship between the
grandparent and the grandchild that has engendered a bond such that
visitation is in the best interest of the child.
(2) Balances the interest of the child in having visitation with
the grandparent against the right of the parents to exercise their
parental authority.
The clear meaning of grandparent is the parent of ones parent (RIGHT) ? PLEASE SEND ME CASES

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Attorney answers 2

Best Answer

Yes you are correct; I have never heard of any cases involving a great-grandparent.

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


The United States Supreme Court addressed grandparent visitation in Troxel v. Granville (2000), 530 U.S. 57. You need to read that case which cites some California cases. And then you need to do legal research. Since these types of motions are fact dependent, you will need to cite cases that are on point. Carefully read Family Code Sections 3100 - 3105. Understand that you have an uphill battle since there is a rebuttable presumption that grandparent visitation is not in the best interests of the child. This is not the type of motion you should try to do yourself. You cannot expect Avvo attorneys to do your research for you since that is beyond the scope of this website. Good luck.

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