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Grandfather denied $17,193 legal fees after fight for visits with granddaughter

By · Via Times of India · Published by Everything Blog

In short

Timothy S. sought weekend visits, dinners, and weekly video calls under Family Code Section 3104 after caring for his granddaughter between September 2019 and August 2021. The mother, Sarah H., opposed the request after regaining custody and demanded $17,193 to cover her incurred and anticipated legal costs. While the dispute remained pending, the trial court initially granted Timothy only a single five-minute telephone call per month. The Court of Appeal ultimately affirmed that fee-shifting rules under the Uniform Parentage Act do not apply to standalone grandparent visitation cases.

Key points

  • California appellate judges ruled that Family Code Section 7605 applies exclusively to ca…: California appellate judges ruled that Family Code Section 7605 applies exclusively to cases filed under the Uniform Parentage Act.
  • Standalone grandparent visitation petitions filed under Family Code Section 3104 lack sta…: Standalone grandparent visitation petitions filed under Family Code Section 3104 lack statutory authority for awarding parentage-related legal fees.
  • Grandparents filing for visitation rights under Section 3104 cannot be forced to pay oppo…: Grandparents filing for visitation rights under Section 3104 cannot be forced to pay opposing parental attorney fees under parentage fee-shifting rules.

Sources checked by our analysis pipeline: 1

A grandfather who once helped raise his granddaughter for nearly two years found himself seeking court intervention to maintain contact with her after her mother regained custody. Although he requested regular visits, family dinners and weekly video calls, the court initially allowed him only a five-minute telephone conversation with the children once a month. The dispute eventually reached California's Court of Appeal, where a separate question about legal expenses became the central issue.

The

ruling in Timothy S v. Sarah H, issued on November 3, 2026, by California's Court of Appeal, Fourth Appellate District, Division One, is available on Justia under case number D087153. The appeal was brought by the children's mother, who wanted the grandfather to pay $17,193 in attorney's fees and legal costs she incurred while opposing his visitation petition. The appellate court upheld the lower court's refusal to award the money, explaining that the law governing attorney's fees in parentage proceedings did not apply to a separate petition for grandparent visitation.

Grandfather sought regular visits after helping raise his granddaughter

The dispute involved two children, S.S. and…

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