Child Support and Grandparents’ Rights in California

Name: Bamieh & De Smeth PLC
Telephone: (805)643-5555
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In California, grandparents often play an essential role in raising and supporting their grandchildren. Sometimes, when parents are unable or unwilling to meet their financial responsibilities, grandparents may wonder whether they have any rights or obligations when it comes to child support. Understanding how California law treats grandparents in child support cases is important if you are seeking to protect your grandchild’s well-being.

At Bamieh & De Smeth, PLC, we help grandparents across California navigate complex family law issues, including matters involving custody, visitation, and financial support.

When Grandparents Seek Custody or Guardianship

If a grandparent becomes a child’s primary caregiver — either informally or through a legal guardianship — they may need financial assistance to provide for the child's needs. In California, grandparents who have legal custody or guardianship can request child support from the child’s parents to help cover expenses such as:

Housing
Food
Medical care
Education
Everyday living costs

Even though grandparents step in to care for grandchildren, the legal responsibility for financially supporting the child remains with the biological parents. Courts can order the parents to pay child support to the grandparent or legal guardian.

Grandparents' Right to Seek Child Support

Grandparents do not automatically have the right to request child support unless they have been granted legal custody or guardianship of the child. If you are caring for your grandchild without formal court orders, it is important to speak with an attorney about your options for securing legal rights and support.

Once guardianship is established, a grandparent can petition the court for child support, and the court will calculate the amount using California’s statewide guideline formula.

Can Grandparents Be Required to Pay Child Support?

In general, California law holds biological parents financially responsible for their children — not grandparents. However, in rare cases where a grandparent has legally adopted the child, they may assume full parental rights and responsibilities, including the duty to provide financial support.

Additionally, if a grandparent voluntarily takes on the full financial responsibility of raising a child without formal guardianship, they may not be entitled to seek reimbursement unless they take legal steps to establish their rights.

Grandparents’ Visitation Rights and Child Support

Child support and visitation rights are separate issues. Grandparents may seek visitation rights in certain circumstances, particularly if one parent has died, the parents are divorced or separated, or if visitation is in the child's best interests. However, requesting visitation does not create a financial obligation for child support.

If a grandparent is simply seeking to maintain a relationship with their grandchild (without custody or guardianship), they are not responsible for child support.

Legal Support for Grandparents in Child Support Matters

Grandparents often step in during difficult times, but navigating the legal system to secure the support your grandchild needs can be overwhelming. Our attorneys at Bamieh & De Smeth, PLC can help you:

Establish legal guardianship
Petition for child support from biological parents
Protect your rights as a grandparent
Enforce existing child support orders
Navigate adoption or custody proceedings if necessary

Whether you are caring for your grandchild temporarily or permanently, you deserve experienced legal guidance to protect your family's future.

Contact a California Child Support Lawyer for Grandparents

If you are a grandparent seeking child support or facing questions about your legal rights in California, contact Bamieh & De Smeth, PLC today. Our experienced family law attorneys are ready to help you understand your options and fight for what’s best for your grandchild.

Call us today at (805) 643-5555 to schedule a free consultation, or reach out online. We’re here to help you navigate your next steps with confidence and care.