Grandparents Rigts in California
Summary: Do grandparents have rights in California? That depends on whether the parents are married and whether a strong bond exists between the grandchildren and the grandparent. grandparent of a minor child of a party to the proceeding if the court determines...
________ Are Parents Married? If the parents are married and living together you are best served trying to obtain permission to visit as a Petition will most likely not be granted over both parents objection.
If you can answer yes to these questions, you can file a petition for grandparent visitation with your local family court.
________ Are Parents separated and one parent has been absent from the child's life for 30 days?
________ Will one parent join in your petition for grandparent visitation?
________ Is there a strong bond between you and the grandchildren?
1. Go to www.occourts.org to obtain the forms needed or you may go to the Self help center on the first floor
of the Family Court
- Lamoreaux Justice Center: First Floor, Room 101
- 341 The City Dr. South, Orange, CA 92868
2. You will need to file form L-0373 - Petition for Grandparents Visitation
3. The grandparent needs to notify the parents, stepparent, or any person who has physical custody that he
or she is filing a Petition for visitation
4. The notification needs to be by certified mail, return receipt requested with postage prepaid, sent to the last
known address of the parent, stepparent or any person with physical custody or to any attorney of record.
5. Present evidence or testimony to rebut the rebuttable presumption that affects the burden of proof that grandparent visitation is not in the children’s best interest, if the child’s parents are in agreement that the grandparent should not have visitation with the children.
6. You will need to explain to the court why visitation with you is in the children's best interests
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