Chapter 5 - Visitation Rights

California Family Code — §§ 3100-3105

Sections (6)

Amended by Stats. 2024, Ch. 317, Sec. 2. (AB 3072) Effective January 1, 2025.

(a)In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown that the visitation would be in the best interest of the child, as defined in Section 3011, and consistent with Section 3020. In the discretion of the court, reasonable visitation rights may be granted to any other person having an interest in the welfare of the child.

(b)(1) (A) If a protective order,

as defined in Section 6218 of this code or Section 136.2 of the Penal Code, has been issued restraining a parent, the court shall consider whether the best interest of the child requires that visitation by that parent be suspended, denied, or limited to situations in which a third person, specified by the court, is present, including virtual visitation.

(B) A parent may submit to the court the name of a person who the parent deems suitable to be present during visitation.

(C) The court may order supervised visitation with the person whose name was submitted, but the submission of a name does not require the court to order supervised visitation if it is not in

the best interest of the child, nor does a parent’s submission of a name constitute agreement or stipulation to supervised visitation.

(2)In determining the type of visitation with the restrained party, if any, is in the best interest of the child pursuant to paragraph (1), the court shall consider the nature of the acts that led to the protective order, the period of time that has elapsed since that order, and whether the restrained party has committed further acts of abuse.

(c)(1) (A) If the court has

found that circumstances warrant making an order granting or modifying a custody order on an ex parte basis under Section 3064, the court shall consider whether the best interest of the child requires that visitation by the party whose conduct presents a risk of immediate harm to the child or immediate risk that the child will be removed from the State of California should be suspended, denied, or limited to situations in which a third person, specified by the court, is present, including virtual visitation.

(B) A parent may submit to the court the name of a person who the parent deems suitable to be present during visitation, which may be accepted or rejected by the court as set forth in subparagraph (C) of paragraph (1) of subdivision (b).

(2)In determining the type of

visitation with the party whose conduct presents a risk of immediate harm to the child or immediate risk that the child will be removed from the State of California, if any, is in the best interest of the child pursuant to paragraph (1), the court shall consider the nature of the acts that led to the finding of the risk of immediate harm or immediate risk of removal.

(d)If visitation is ordered in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the visitation order shall specify the time, day, place, and manner of

the visitation, including virtual visitation, or any transfer of the child, so as to limit the child’s exposure to potential domestic conflict or abuse, to ensure the safety of all family members, and to minimize any opportunity for the use of abuse, including coercive control. If a criminal protective order has been issued pursuant to Section 136.2 of the Penal Code, the visitation order shall make reference to, and, unless there is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code or a no-contact order, as described in Section 6320, acknowledge the precedence of enforcement of, an appropriate criminal protective order.

(e)(1) If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order shall be designed to prevent disclosure of the location of the shelter or other confidential location and to protect all adults and children living in that location.

(2)If a court finds that a parent is residing in a confidential shelter due to domestic violence or fear of domestic violence from the other parent, the court shall order in-person visitation with the other parent only if the court finds that in-person visitation is in the best interest of the child, taking into account all of the following:

(A)The other parent’s access to firearms and ammunition, including, but not limited to, whether the other parent is prohibited from having firearms and ammunition.

(B)If a parent is the subject of an emergency protective order, protective order, or other restraining order, whether that parent has violated that order, and the nature of any violation.

(C)Information obtained pursuant to Section 6306, the requirements of this section, and the information obtained pursuant to Section 3011.

(D)The potential for disclosure of the confidential location.

(3)A court shall make its findings pursuant to

paragraphs (1) and (2) in writing or on the record.

(f)For purposes of this section, “virtual visitation” means use of audiovisual electronic communication tools to provide contact between a parent and their children as part of a parenting plan or custody order. Virtual visitation may be supervised or unsupervised, based on the court’s determination of what is in the best interest of the child.

§ 3101

Repealed and added by Stats. 1993, Ch. 219, Sec. 116.76. Effective January 1, 1994.

(a)Notwithstanding any other provision of law, the court may grant reasonable visitation to a stepparent, if visitation by the stepparent is determined to be in the best interest of the minor child.

(b)If a protective order, as defined in Section 6218, has been directed to a stepparent to whom visitation may be granted pursuant to this section, the court shall consider whether the best interest of the child requires that any visitation by the stepparent be denied.

(c)Visitation rights may not be ordered under this section that would conflict with a right of custody or visitation of a birth parent who is not a party to the proceeding.

(d)As used in this section:

(1)“Birth parent” means “birth parent” as defined in Section 8512.

(2)“Stepparent” means a person who is a party to the marriage that is the subject of the

proceeding, with respect to a minor child of the other party to the marriage.

§ 3102

Amended by Stats. 1994, Ch. 164, Sec. 1. Effective January 1, 1995.

(a)If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child.

(b)In granting visitation pursuant to this section to a person other than a grandparent of the child, the court shall consider the amount of personal contact between the person and the child before the application for the visitation order.

(c)This section does not apply if the child has been adopted by a person other than a stepparent or grandparent of the child. Any visitation rights granted pursuant to this section before the adoption of the child automatically terminate if the child is adopted by a person other than a stepparent or grandparent of the child.

§ 3103

Amended (as added by Stats. 1993, Ch. 219) by Stats. 1993, Ch. 832, Sec. 1. Effective January 1, 1994.

(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:

(A)Transportation.

(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.

§ 3104

Amended by Stats. 2014, Ch. 328, Sec. 1. (AB 1628) Effective January 1, 2015.

(a)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.

(b)A petition for visitation under this section

shall

not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exist:

(1)The parents are currently living separately and apart on a permanent or indefinite basis.

(2)One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse.

(3)One of the parents joins in the petition with the grandparents.

(4)The child is not residing with either parent.

(5)The child has been adopted by a stepparent.

(6)One of the

parents is incarcerated or involuntarily institutionalized.

At any time that a change of circumstances occurs such that none of these circumstances exist, the parent or parents may move the court to terminate grandparental visitation and the court shall grant the termination.

(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 personal service pursuant to Section 415.10 of the Code of Civil Procedure.

(d)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 any visitation by that grandparent should be denied.

(e)There is a rebuttable presumption that the visitation of a grandparent is not in the best interest of a minor child if the natural or adoptive parents agree that the grandparent should not be granted visitation rights.

(f)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 parent who has been awarded sole legal and physical custody of the child in another proceeding, or the parent with whom the child resides if there is currently no operative custody order objects to visitation by the grandparent.

(g)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.

(h)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.

(i)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:

(A)Transportation.

(B)Provision of basic expenses for the child or grandchild, such as medical expenses, day care costs, and other necessities.

(j)As used in this section, “birth parent” means “birth parent” as defined in Section 8512.

§ 3105

Amended by Stats. 2019, Ch. 115, Sec. 32. (AB 1817) Effective January 1, 2020.

(a)The Legislature finds and declares that a parent’s fundamental right to provide for the care, custody, companionship, and management of the parent’s children, while compelling, is not absolute. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role.

(b)The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child, if visitation is determined to be in the best interest of the minor child.

(c)In the absence of a court order granting or

denying visitation between a former legal guardian and a former minor ward, and if a dependency proceeding is not pending, a former legal guardian may maintain an independent action for visitation with the former minor ward. If the child does not have at least one living parent, visitation shall not be determined in a proceeding under the Family Code, but shall instead be determined in a guardianship proceeding that may be initiated for that purpose.