You can find additional materials on family law by browsing the library shelves near the listed books or by searching the library catalog.
INTRODUCTION
Grandparents may be granted reasonable visitation with a minor child of a party to an ongoing family law case if the court determines that visitation by the grandparent is in the best interest of the child. California Family Code Section 3103. In addition, Family Code Section 3104 provides special jurisdiction for the court to grant visitation to a grandparent under some circumstances, even if there is no other proceeding pending regarding the child.
JOINING YOUR CHILD'S ONGOING CASE
If there is an ongoing divorce or parentage case between the parents, use a "Petition for Joinder" to join into the case.
You will need the case number. It is on the first page of each paper that is filed in the case. If you have copies of any of the case papers, or if one of the parents will give you the number, this will be easy. If not, you can look it up by visiting the Records Department (Family Relations Courthouse, 3341 Power Inn Rd.) or using the Case Index at the Court's website, http://www.saccourt.ca.gov/.
Ask for the Petition for Joinder packet in the Filing Room of the Family Relations Court. It includes instructions and the forms you will need. You can also read and download the packet on the web http://www.saccourt.ca.gov/family/docs/fl-joinder-instructions.pdf.
That packet covers the process in detail. Briefly, you file and serve a "Motion for Joinder" to ask the judge to let you join the case. You also file a "Petition for Joinder" to tell the judge what kind of orders you want. You also file some related documents. A few weeks later, you attend a hearing where a judge decides whether to let you join the case. Once you have joined the case, you can file a request for visitation or other papers.
FILING AN INDEPENDENT "PETITION FOR GRANDPARENT VISITATION"
If there is no open case, but the parents are not married or are living apart, you may file an independent request for visitation under Cal. Family Code § 3104. If one parent is deceased, you must petition under Cal. Family Code § 3102.
In Sacramento, there is a local form for this: FL/E-LP-606 (Petition for Grandparent Visitation). In other counties, check with your court to see if there is a local form. If there is no pre-printed form for this, you must customize a petition on pleading paper (specially formatted paper to use in court). You can get pleading paper at our website: http://www.saclaw.org/uploads/SacramentoPleadingWeb.doc.
The book California Family Law Practice & Procedure (2nd Ed.) has information about how to request visitation and what factors the judge will consider when deciding whether to grant your request.
In Sacramento, use FL/E-606. For other counties, copy the sample petition from Chapter 32, Section 32.104. (If your child is deceased, use the forms and information in Section 32.103.) Then customize it on pleading paper to fit your own case. If you are in the Law Library, you can avoid retyping the whole petition by copying it from our computer into your pleading paper and then customizing it. Ask a librarian if you need help with this.
File the following documents at the Family Relations Courthouse: Petition, Summons (FL-210), and UCCJEA Declaration (FL-105). If you cannot afford travel and other costs of the visitation, you can ask the court to order the parents to pay them; if you do, you will also need to file an Income and Expense Declaration (FL-150).
When you file the petition, the clerk will give you a case number and stamp your Summons to make it official.
You must then have someone else (NOT YOU) personally serve the Summons and Petition to each parent, stepparent, or person who has physical custody. The person who serves the papers must then fill out a "proof of service" form, which you must file at court.
Once you have started the case, you can file a request for visitation or other papers.
COMMUNITY RESOURCES
For more assistance, contact:
Senior Legal Hotline
The hotline provides advice seniors, including assistance for grandparents (over 60) regarding visitation and other issues.
444 North 3rd Street #312 Sacramento, CA 95811
(916) 551-2140
(800) 222-1753
www.seniorlegalhotline.org
updated 09/11 kf