New California Law Expands Grandparents’ Rights in 2025

For many families, grandparents play a crucial role in raising, nurturing, and emotionally supporting children. But when families break apart—whether through divorce, estrangement, or tragedy—grandparents can suddenly find themselves cut off from their grandchildren, with no clear legal path to maintain contact. That’s changing in 2025.

A new amendment to California Family Code Section 3100 takes effect this year, expanding legal avenues for grandparents and strengthening the courts’ ability to grant visitation rights to third parties in limited but important circumstances.

At Mattis Law, A.P.C., our San Diego child custody attorney here to help grandparents and parents effectively navigate sensitive legal issues.

How the Law Has Changed

The 2025 legislative updates to California Family Code Section 3100–3105 reflect a growing recognition that, in some situations, continued contact between a grandchild and a grandparent serves the child’s best interests, even when one or both parents object.

Key changes include:

• Expanded standing for grandparents to file petitions under broader circumstances—not just when a parent is deceased, or the parents are unmarried.
• Clearer criteria for judges to weigh the child’s relationship with the grandparent in determining visitation.
• Greater flexibility for courts to grant reasonable visitation orders when one parent is absent or incarcerated.
• Streamlined procedures for filing a family court grandparent petition without triggering costly litigation between already-divided family members.

These changes strengthen grandparents’ rights in California in 2025 while still preserving the constitutional rights of fit parents to make decisions for their children.

California Family Code Section 3100

Under California law, the general rule is that parents have the fundamental right to control who sees their children. Courts must presume that fit parents act in the best interests of their child.

Family Code Section 3100 creates an exception to this rule when visitation with a non-parent—such as a grandparent—may be in the child’s best interest and when specific conditions are met.

Prior to the 2025 update, these exceptions were narrow, mostly involving situations where:

• One parent was deceased
• The parents were divorced or legally separated
• The child had lived with the grandparent for an extended period

Now, the new custody law in California allows the court more discretion in cases where:

• A parent is incarcerated or otherwise unavailable
• The child has a longstanding emotional bond with the grandparent
• One parent is estranged, absent, or has relinquished custody
• The grandparent was previously a caregiver or custodian of the child

When Can You File a Grandparent Visitation Petition?

Under the new law, a grandparent can file a San Diego grandparent visitation petition if:

• The parents are not married or not living together
• One or both parents are deceased or incarcerated
• The child previously lived with the grandparent for a significant time
• The grandparent has established a strong, beneficial relationship with the child

In some cases, even if the parents are still married and living together, a court may consider a petition if:

• The child is not in the custody of either parent
• A parent has disappeared or cannot be located
• One parent supports the grandparent’s petition while the other does not

Factors That Courts Consider in Grandparent Visitation Cases

When reviewing a family court grandparent petition, the court will look at several factors, including:

1. The nature and duration of the relationship between the grandparent and grandchild
2. The child’s best interests, including emotional, social, and developmental needs
3. The objections of the parent(s) and their reasons for opposing visitation
4. Whether the grandparent acted as a caregiver or had a custodial role
5. The potential disruption to the child’s existing schedule and home life
6. Evidence of abuse, neglect, or manipulation (if any)

While courts give regard to parental wishes, they also recognize that grandparents can provide emotional stability, especially during transitions or after traumatic events like divorce or death.

What If You’re a Parent Who Opposes Grandparent Visitation?

California law still strongly protects parental authority, and you can present evidence to show that:

• The grandparent’s involvement would be harmful or disruptive
• The relationship is not in the child’s best interest
• The child has expressed discomfort or unwillingness to visit
• You are already allowing adequate, informal contact

How to File for Grandparent Visitation in San Diego

To begin the process, a grandparent must file the proper documents with the San Diego County Family Court. This typically includes:

• Petition for Visitation by a Grandparent (Form FL-300 or similar)
• Declaration explaining the relationship, history, and reason for the request
• Proof of service showing the parent(s) were properly notified
• Supporting documents such as photos, texts, school records, or witness declarations

In some cases, the court may order mediation before holding a hearing. If the parents object, a full hearing may be scheduled where both sides present evidence.

What Happens If the Court Grants Visitation?

If the judge finds that grandparent visitation is in the child’s best interest, they may issue an order specifying:

• Days and times of visitation
• Supervised or unsupervised arrangements
• Holiday or summer schedules
• Location or transportation responsibilities

Reasons to Choose Mattis Law, A.P.C.?

At Mattis Law, A.P.C., we’re here to support families in moments of transition, crisis, and healing. Amelia Mattis has deep experience in San Diego grandparent visitation cases. Our law firm will:

• Help you determine your eligibility
• Prepare persuasive and complete petitions
• Represent you in mediation and court
• Work toward solutions that protect children and preserve relationships

Speak With a Trusted Child Custody Attorney in San Diego

Whether you’re a grandparent fighting for visitation or a parent responding to a petition, the new 2025 law has reshaped the landscape—and having the right legal guidance matters more than ever.

Let us help you navigate California’s evolving family laws and help you thrive. Call Mattis Law, A.P.C.. at (858) 328-4400 to schedule your free consultation.