In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Contra Costa California Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
State:
Multi-State
County:
Contra Costa
Control #:
US-01121BG
Format:
Word;
Rich Text
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How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
You do not have any legal rights to see your grandchildren. If contact has broken down and we are unable to negotiate a way forward, you will need to make an application for permission to make an application to see your grandchildren under a Court Order.
The issue of whether or not visitation rights extend to grandparents is a matter for the family courts to decide. You may wish to consult with and/or obtain the services of an attorney who practices in the area of family law in your State.
Courts also must balance parent's prerogative to deny the grandparent's visitation against the positives of the grandparent having visitation. If a child is 14 or older, the judge will also consider the child's opinion on grandparent visitation.
If you are a grandparent and wish the court to order visitation with a grandchild, then you can file a petition in court if you cannot reach an agreement with the child's parent(s) outside of court.
The general provision allowing a grandparent visitation with his or her grandchild can be found under California Family Code section 3100. This section states that the court, in its discretion, may grant reasonable visitation rights to another person having an interest in the welfare of the child.
In short, no, grandparents do not have a legal right to see their grandchildren in any of the 50 states. The law is built to protect parental rights above all else, and automatically granting grandparents visitation rights is seen as a violation of a parent's right to decide what's best for their child.
For grandparents, where contact cannot be agreed with the parents or carers of the child, they are able to apply to a court for a child arrangements order that, if made, can give them contact with a grandchild (or indeed residence if that is what they seek); however, unlike a parent, a grandparent typically first
Under the law, a grandparent who wants to ask the court to order visitation with a grandchild can file a petition in court.
California law there is a rebuttable presumption against grandparent visitation where the child's parents agree the grandparent should not be granted visitation rights or if the parents are not united in their opposition, but grandparent visitation is contested by the custodial parent.