Fam. Code, § 3105 · Chapter 5. Visitation Rights
Fam. Code, § 3105
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2019, Ch. 115, Sec. 32. (AB 1817) Effective January 1, 2020.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=3105.
- Text hash
- sha256 3f5f299ddf81d1497d4393c55e2b5e812259e4ca71432b17f13e8bfe46821afe
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Cited by 1 provision
Provisions in this library whose text cites Fam. Code, § 3105. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.