Grandparents’ Rights Attorney in Manhattan Beach

Grandparent Visitation Under Family Code 3104: Know the Standard Before You File

California law gives grandparents a path to court-ordered visitation, but it requires meeting a specific two-part legal standard, navigating notice requirements, and overcoming presumptions that courts apply in favor of parental authority. At Marmolejo Law, APC, Diane Marmolejo works directly with grandparents in Manhattan Beach, Culver City, and Marina del Rey who need to establish or protect their relationship with a grandchild. When you hire our firm, you work with Diane throughout your case, not a rotating cast of staff members.

We approach grandparent visitation matters with the same philosophy we bring to every family law case: pursue a collaborative resolution where possible, and litigate when the situation requires it.

If you’re a grandparent concerned about losing contact with your grandchild, call (310) 736-2063 to speak with Diane Marmolejo directly about your situation.

What California Family Code 3104 Requires

Under Family Code section 3104, a grandparent may petition the court for reasonable visitation with a minor grandchild. Before granting it, a judge must make two specific findings. First, the court must find that a preexisting relationship between the grandparent and grandchild has created a bond such that visitation serves the child’s best interest. Second, the court must balance that interest against the parents’ constitutional right to make decisions about their child’s upbringing.

Filing isn’t available in every situation. A grandparent generally can’t bring this petition while the child’s parents are married and living together. Exceptions apply when:

• The parents are separated on a permanent or indefinite basis
• One parent has been absent for more than a month without the other knowing their whereabouts
• The child isn’t residing with either parent
• The child has been adopted by a stepparent
• One parent is incarcerated or involuntarily institutionalized
• One parent joins in the petition

Presumptions Grandparents Must Be Prepared to Rebut

Two presumptions in Family Code 3104 work against a grandparent seeking visitation. If both parents agree visitation shouldn’t be granted, there’s a rebuttable presumption that it isn’t in the child’s best interest. A separate presumption, affecting who bears the burden of proof, arises when the parent with sole custody or the parent the child lives with objects to visitation.

“Rebuttable” means the grandparent can present evidence to overcome that presumption, but the burden is real. Knowing what evidence courts find persuasive on the bond question is where legal guidance matters most.

Additional procedural requirements include:

• Personal service on all parties: Notice must be served personally on each parent, any stepparent, and any person with physical custody of the child.
• Protective order considerations: If a protective order was directed at the petitioning grandparent during the case, the court must evaluate whether the child’s best interest requires denying visitation.
• Termination risk: If the circumstances that originally allowed the petition no longer exist, a parent may move to terminate the visitation order, and the court must grant that termination.

How We Approach These Cases

Grandparent visitation disputes sit at the intersection of family law and constitutional parental rights, and they often arise in already charged family dynamics. Diane Marmolejo brings direct, hands-on representation to each client, with a responsiveness that helps ensure you aren’t left waiting when questions arise or circumstances change.

Because protective orders sometimes emerge as contested issues in grandparent visitation cases, Diane’s volunteer work with the Sojourn Domestic Violence Clinic has given her grounding in the legal and practical dimensions of restraining order matters. That background informs how we handle cases where a protective order is part of the picture.

The Torrance Courthouse & the Mediation Step

Grandparent visitation matters for Manhattan Beach families are typically heard at the Torrance Courthouse, which serves as the family law venue for this part of Los Angeles County. Before a contested visitation hearing, the Los Angeles County Superior Court’s Family Court Services requires parties to participate in mediation: a structured process where a court-appointed mediator meets with the parties to try to reach an agreement without a full hearing.

Unlike a divorce filing, there’s no single statewide form for a grandparent visitation petition under Family Code 3104. Some counties provide a local court form, but the petition requirements and supporting documentation still require careful preparation. We can guide clients through every step of that process.

Discuss Your Situation with a Manhattan Beach Grandparent Visitation Attorney

Protecting your relationship with a grandchild starts with understanding what the law requires and what evidence you need to build. Marmolejo Law, APC represents grandparents in Manhattan Beach, Culver City, and Marina del Rey who are ready to take that step.

Call (310) 736-2063 to connect with Diane Marmolejo and talk through what your petition would require.