CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
RIGHT TO CUSTODY OF MINOR CHILD
NON-PARENT VISITATION RIGHTS
Family Code Section 3103
(a) Notwithstanding any other provision of law, in a proceeding described
in Section 3021, the court may grant reasonable visitation to a grandparent
of a minor child of a party to the proceeding if the court determines
that visitation by the grandparent is in the best interest of the child.
(b) If a protective order as defined in Section 6218 has been directed
to the grandparent during the pendency of the proceeding, the court shall
consider whether the best interest of the child requires that visitation
by the grandparent be denied.
(c) The petitioner shall give notice of the petition to each of the parents
of the child, any stepparent, and any person who has physical custody
of the child, by certified mail, return receipt requested, postage prepaid,
to the person's last known address, or to the attorneys of record
of the parties to the proceeding.
(d) There is a rebuttable presumption affecting the burden of proof that
the visitation of a grandparent is not in the best interest of a minor
child if the child's parents agree that the grandparent should not
be granted visitation rights.
(e) Visitation rights may not be ordered under this section if that would
conflict with a right of custody or visitation of a birth parent who is
not a party to the proceeding.
(f) Visitation ordered pursuant to this section shall not create a basis
for or against a change of residence of the child, but shall be one of
the factors for the court to consider in ordering a change of residence.
(g) When a court orders grandparental visitation pursuant to this section,
the court in its discretion may, based upon the relevant circumstances
of the case:
(1) Allocate the percentage of grandparental visitation between the parents
for purposes of the calculation of child support pursuant to the statewide
uniform guideline (Article 2 (commencing with Section 4050) of Chapter
2 of Part 2 of Division 9).
(2) Notwithstanding Sections 3930 and 3951, order a parent or grandparent
to pay to the other, an amount for the support of the child or grandchild.
For purposes of this paragraph, "support" means costs related
to visitation such as any of the following:
(B) Provision of basic expenses for the child or grandchild, such as medical
expenses, day care costs, and other necessities.
(h) As used in this section, "birth parent" means "birth
parent" as defined in Section 8512.