Grandparents visitation rights ideally should be decided without the court’s involvement. Grandparents usually love their grandkids more than their kids in a very special way. But the situations are different and the people are different. We live not in a perfect
world and when court involvement is necessary grandparents need to deal with the court system asserting their visitation right in a proper substantive and procedural manner.
We have discussed a very basic Grandparents visitation rights California law in the page grandparents rights
The purpose of this article is to cover some more frequently asked questions regarding Grandparent visitation rights not covered in the above-mentioned article and provide a more practical approach.
When Grandparents visitation rights in California can be asserted?
Generally, grandparent cannot assert their Grandparents visitation rights in California if the parents are still married with some exceptions we have discussed in the previous article.
The grandparents can assert their right in like a divorce, a paternity case, domestic violence restraining order, divorce, a child support case, or a domestic violence restraining order) and a grandparent may be able to ask for visitation under one of those existing cases.
For example, one case scenario is when the father and mother are living together without getting married, raising their children in one of the father’s or mother’s house. Grandparents are getting involved in their grandchildren’s life – taking care of the daily routine. Assuming the father and mother are breaking their relationship and one of the parents moving out taking kids from the other parent and grandparents.
How Grandparents visitation rights in California can be asserted?
First of all, in order for the grandparents to assert their visitation rights in the case, they need to find out if the case involving children/parents is already open. In the situation described above, one of the parents usually starts a paternity case to determine child custody and usually child support.
The grandparents need to join the action asserting Grandparent visitation rights in California. A special motion for joinder should be filed. In addition, the request for the order must be filed together with the grandparent’s declaration explaining why they are in a good position to argue Grandparent visitation rights in California. As a reminder from our previous article if grandparents can show to the court that their grandchildren and they had a preexisting relationship and grandkids have “ engendered a bond”. The visitation should be is in the best interest of the kids balanced the rights of the parents to make decisions about their child. If the kids are mature enough, usually 14 years old, the judge might consider their opinions regarding the visitation.
What happened if there is no case opened in relationships with kids/ parents? There is still a possibility for a grandparent to initiate the case starting everything from the beginning, filing a petition, but it is more challenging and complex procedurally. There is no judicial counsel standard petition form for this purpose. Sacramento county for example provided local form Petition for Grandparent Visitation, local form FL/E-LP-606
Orange County, California, Riverside County, California, Los Angeles County and other sought part of California counties have some templets and local forms helping grandparents to open the case.
The grandparents must also prepare Summons, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and some other documents initiating a new case. There is a filing fee of $435 for the petition to open a case.
After filing the case, all parties must be properly served and proof of service shall be filed with the court.
Grandparent Visitation Rights in California
California law recognizes the importance of grandparents in a child’s life but also respects the parents’ rights to make decisions regarding their child. Under California Family Code Section 3103 and Section 3104, grandparents can request visitation rights, but they must demonstrate that there is a preexisting relationship with the grandchild that has created a bond, and that visitation is in the best interests of the child.
When Can Grandparents Assert Visitation Rights?
Grandparents can seek visitation rights in the following scenarios:
- During Divorce Proceedings: If the child’s parents are going through a divorce.
- Paternity Actions: If there is an ongoing paternity case to determine child custody.
- Domestic Violence Cases: When a restraining order is involved, which impacts custody and visitation.
- Child Support Cases: When there are ongoing proceedings related to child support that may affect visitation.
Steps to Assert Visitation Rights
1. Identify an Existing Case Grandparents need to determine if there is already an open case involving the child’s parents. If an existing case such as a divorce or paternity action is in progress, grandparents can join the action to request visitation rights.
2. Filing a Motion for Joinder To join an existing case, grandparents must file a motion for joinder. This motion formally requests the court to allow them to participate in the case. The motion should be accompanied by:
- Request for Order (RFO): This form asks the court to grant visitation rights.
- Declaration: A detailed written statement explaining the nature of the relationship with the grandchild, the extent of their involvement, and why visitation is in the best interests of the child.
3. Initiating a New Case If there is no existing case, grandparents can initiate a new legal action. This involves:
- Petition for Grandparent Visitation: Filing a petition to request visitation rights. Some counties, like Sacramento, provide specific forms (e.g., Petition for Grandparent Visitation, Form FL/E-LP-606).
- Supporting Documents: Including Summons, Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and other necessary forms.
- Filing Fees: Paying the required filing fee, which is typically $435.
4. Serving the Petition Once the petition is filed, grandparents must serve copies of the petition and all supporting documents to the child’s parents and any other involved parties. Proof of service must be filed with the court to confirm that all parties have been notified.
Preparing for Court
1. Collecting Evidence Grandparents should gather evidence to support their claim, such as:
- Photographs: Showing time spent with the grandchild.
- Communication Records: Emails, texts, and letters demonstrating regular contact and involvement.
- Witness Statements: Testimonies from friends, neighbors, or other family members who can attest to the relationship between the grandparents and the grandchild.
2. Demonstrating Best Interests of the Child The court will prioritize the child’s best interests, which include:
- Emotional Bond: Evidence of a significant and positive emotional bond between the grandparent and the grandchild.
- Stability and Continuity: How the visitation arrangement will provide stability and continuity in the child’s life.
- Health and Safety: Ensuring the visitation will not negatively impact the child’s health and safety.
Overcoming Parental Objections
Parents have the right to object to grandparent visitation. Grandparents should be prepared to address these objections by:
- Showing the Relationship’s Benefit: Demonstrating how the relationship is beneficial for the child.
- Addressing Concerns: Responding to any specific concerns the parents might have, such as logistical issues or safety concerns.
714-390-3766
