Grandparent Visitation

March 22, 2022February 25, 2022
by Briana White

You love being a grandparent and want to keep being a part of your grandchild’s life, once their parents get divorced.

Unfortunately, in California, grandparents do not have any automatic rights to visitation with their grandchild; however, just because this process isn’t standard procedure, doesn’t mean you can’t ever get visitation.

California courts understand that grandparents can often play a key role in a child’s early and adolescent development, providing a meaningful bond that can enrich both sides of the relationship. Because of this, the courts are willing to grant grandparent visitation, in some situations.

Here’s what you need to know about filing for grandparent visitation in California, and what the Maples Family Law team can do to help you get the arrangement that’s best for your grandchild.

What is Grandparent Visitation?

Visitation is a critical part of child custody, and refers to the allotted time a non-custodial parent gets to spend with their child.

This in-person facetime is critical. It allows parents to cultivate a relationship with their child, and to influence how they’ll be raised—regardless of their relationship status—which is why the courts take it so seriously.

Unfortunately, visitation is a parental right, not a grandparent right. Meaning that—once the child’s parents get divorced—their custodial parent has no obligation to let you be a part of their life, anymore.

Despite this, there are some situations when California courts may grant grandparent visitation, if it’s in the child’s best interest. (Even if the parent disagrees.)

Who Qualifies for Grandparent Visitation?

In California, custody decisions are made according to a child’s best interest. This legal standard makes a child’s long-term health and well-being the driving force behind every decision made. As a result, judges aren’t necessarily interested in what parents want; instead, they’re focused on what’s best for the child.

Enter: grandparent visitation.

Remember that unique, grandparent/child bond we talked about, earlier? The court recognizes that this is a good thing—a relationship that not only benefited the child leading up to this moment, but one that will serve them well in the future, too.

Because of this, there are some situations when the court will grant grandparent visitation, if it’s in the child’s best interest.

When Parents are Still Married

Generally speaking, grandparent visitation is out of the question while parents are married, though—you guessed it—there are a few exceptions.

According to California law, judges are permitted to consider grandparent visitation (while parents are still married), if:

The parents are separated;
The whereabouts of a parent have been unknown for at least a month;
One of the parents joins the grandparent’s request for visitation;
The child doesn’t live with either parent;
The child has been adopted by a stepparent; or,
One of the parents is incarcerated or involuntarily institutionalized.

However, even if the court grants visitation under one of these scenarios, there’s still a catch: once the situation no longer exists, either parent can ask for a termination, and the court will be obligated to do so.

When Parents are Not Married

Far more common are visitation requests when parents are not married. This often occurs in the wake of a divorce, but can be relevant to unmarried parents, as well. In these situations, you initiate the process by filing a grandparent visitation petition with the court.

Things then go forward much like any other child custody process, with judges analyzing facts and making decisions based on what will ultimately be in the child’s best interest. Some of the factors analyzed in this process include:

The child’s health, safety, and will-being;
Any history of domestic abuse;
Any history of alcohol or substance abuse; and,
The relationship that exists between grandparent and child.

That last point is important. For visitation to be in your grandchild’s best interest, there actually must have been a preexisting relationship between you two.

In California, courts will not grant a grandparent visitation request, simply because you want the chance to start a relationship with your grandchild; one that was never there to begin with. Here, the amount of prior contact will be a very important factor in the judge’s decision.

How to File for Grandparent Visitation

Filing a grandparent visitation request is not for the faint of heart. This process does not favor grandparents. In fact, right from the start, the court will assume the position that you’re wrong, and the child’s parents are right. From there, it’ll be your job to prove that assumption is wrong.

And we won’t lie. That’s a high bar to clear.

For those grandparents who are up for the challenge, these steps will tell you what you need to know about filing for grandparent visitation in California.

Step 1: Is There an Open Case?

And by “open case,” we mean any current case that involves your grandchild in any way—be it adoption, probate, CPS intervention, or any otherwise.

If there is, you’ll want to start by filing your petition under that case. This requirement ensures that all relevant decisions about a topic are being made at the same time.

Step 2: Fill Out Paperwork

If there isn’t already a case open, you’ll need to initiate a new case.

To do that, start by collecting the necessary forms (which will include a Request for Order, and a Child Custody and Visitation Application). These documents will ask you to explain the type of visitation you want and why you want it.

Remember: the burden of proof is working against you, here, so you’ll want to provide as much detail as possible. The evidence you provide here sets the foundation for all future arguments, and will play a critical role at your hearing.

Step 3: Make Copies

When you file your paperwork, you don’t get it back. Hence, before you file, be sure to make a copy for your own personal records.

Additional copies will be needed, in order to execute proper service. Depending on how many relevant parties there are, that could mean anywhere from 2-3 extra copies, so make sure you have enough, before filing.

Step 4: File Your Paperwork

Family law cases are heard in county court, so you’ll need to file them at the courthouse for your jurisdiction. This will include a filing fee; however, if you can’t afford to pay it, you can always request a fee waiver.

Step 5: Notification

California law requires you to notify someone when you open a case against them. For grandparent visitation, this will likely mean the child’s parents—both biological, and/or adopted.

Notification must be done through proper service, otherwise it won’t be valid. This is typically carried out by hand-delivering copies of paperwork to everyone who is a party to the case. (Which is why you don’t want to skip step 3!)

Step 6: Settlement and Hearing

Once everything has been copied, filed, and delivered, you will likely be required to attend mediation with the child’s parents, to see if things can be resolved outside of court. If they can’t, your mediator will notify the judge, and you’ll be assigned a hearing.

At the hearing, both sides will present evidence to the judge. After hearing arguments and reviewing paperwork, your judge will decide whether or not to grant grandparent visitation.

Is Grandparent Visitation the Right Answer?

Grandparent visitation is often initiated when a stepparent (or another grandparent) adopts the child. In these situations, it may be in a child’s best interest for the relationship to continue, while allowing parents to retain custody.

However, what happens when this isn’t enough?

When a child is removed from their home because of domestic violence, neglect, or abuse, the court’s first priority is to keep the family together, whenever possible. If this can’t happen, they may want to assign the child a permanent guardian, or even adopted parents.

A trusted grandparent is often the best solution for the child in these situations. Hence, if you’re able (and willing) to care for your grandchild, you may want to consider more than visitation… you may want to consider custody.

If this is something you’re interested in, an experienced, California family law attorney can help you figure out your next steps.

Do You Need Help with Grandparent Visitation in California?

Few things in life are more rewarding than becoming a grandparent, and it’s a relationship we want to help you preserve.

For more questions about grandparent visitation in California—and how that might work in your situation—we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help secure the best future for your grandchild.

Child Custody

Intro to Visitation in California

January 12, 2022January 14, 2022
by Briana White

Between school, play, chores, and extracurricular activities, kids are a busy bunch. Which means that when it comes to divorce, it can sometimes be tricky for California courts to divide a child’s time exactly equally between parents—even when both are evenly qualified.

That’s why, in California, it’s common for judges to assign one parent to be the child’s primary residence parent, while awarding the other ample parenting time in the form of visitation.

Visitation is an essential part of custody, and parental rights. It ensures each parent has access to their child, and that both can continue strengthening that relationship through in-person contact.

Here’s what you need to know about visitation in California, how it relates to child custody, and what the Maples Family team can do to help you navigate these important parental rights.

An Intro to Visitation in California

Visitation refers to the scheduled time that a noncustodial parent gets to spend with their child. It is also a major component of child custody; so much so, that you can’t really talk about one without discussing the other.

But what is child custody, exactly?

In California, “custody” encompasses all the rights, powers, and responsibilities that come with being a parent. Technically, someone could have custody over an incapacitated, ill, or aging adult, too; however, this concept is most commonly associated with children and divorce.

As a matter of law, only a child’s parents—whether biological, or adopted—have an inherent right to custody over their child. However, in some limited circumstances, the court might grant the child’s grandparents visitation.

When deciding custody for divorcing or unmarried parents, California will divide these powers into two major groups: legal custody, and physical custody. Here’s a closer look.

Legal Custody

First, there’s legal custody. This aspect of custody deals with a parent’s decision making and legal authority, and enables a parent to make choices about their child’s:

Schooling and education;
Childcare;
Mental health treatment;
Medical care (including doctors, dentists, and emergency surgery);
Extracurricular activities; and even,
Religious and cultural exposures.

Legal custody packs a lot of important rights under one umbrella. From large-scale decisions, all the way down to signing that field trip permission slip, legal custody puts you at the forefront of how your child will be raised.

Physical Custody

On the other hand, is physical custody. And, like its name implies, this category of rights protects a parent’s right to have physical, in-person time with their child.

In legal speak, this time is called “access,” and it encompasses much more than just the occasional fly by.

Parents have a right to see their child—and not just briefly and sporadically—but long-term and extended. They have the right to live under the same roof as their child, where they can regularly interact, care for, and build the kind of a relationship that only an intimate home environment can really provide.

This is where visitation comes into play.

Because it can be so difficult to divide a child’s time exactly equally between parents, California courts will usually assign one parent to be the child’s primary residence, while awarding the other visitation. But how to decide who gets what?

The court makes these assignments by considering what is in the best interest of the child.

Best Interest of the Child

“Best interest of the child” is a legal standard that is applied for all decisions involving minors, and strives to choose an outcome that will serve a child’s long-term health and happiness the best.

Hence, when deciding who will be a child’s primary custodian, and who will receive visitation, some of the things your judge might consider will include:

The child’s age;
The child’s health;
The child’s relationship with each parent;
The child’s social and community ties;
Each parent’s ability to care for the child; and,
Any history of substance abuse or domestic violence.

As you can see, gender does not appear on our list of considerations. That’s because in California, custody decisions are completely gender neutral, meaning that the type of visitation order you receive will depend entirely on your merit as a parent, alone; not your sex (or sexual orientation, for that matter).

Visitation Orders

Visitation orders aren’t a “one-size-fits-all” kind of thing. Instead, these assignments will vary between cases, and are designed to work within your family’s unique circumstances.

To this end, there are four main ways California courts can assign visitation in California. These include:

Scheduled Visitation. In this situation, parents have an order that specifies all the details of their division of time, including dates, times, drop offs, pickups, holidays, and other special occasions. This type of visitation is typically the result of contested divorce litigation.
Reasonable Visitation. Here, a couple’s order is more open ended, leaving the parents to work out specific details, as needed. This type or visitation typically works best for parents who have a good working relationship.
Supervised Visitation. When a child’s safety and/or well-being cannot be trusted to the noncustodial parent, the court might assign supervised visitation. In these scenarios, visits must be chaperoned by either another adult, or professional agency (depending on the circumstances).
No Visitation. Finally, there’s always the option of no visitation. Here, the risks of harm to a child’s physical or mental wellbeing are so great, that the court is not comfortable awarding any type of in person time. In this scenario, the custodial parent would have “sole physical custody.”

In California, parents are always free to come up with their own custody arrangements, either on their own, or through mediation.

However, keep in mind that your parenting plan—including all decisions about custody, visitation, and child support—will still need judicial approval, whether agreed upon or not.

Tips for Reducing Custody Conflicts

Once finalized, your custody agreement will be enforceable, and you will be expected to carry out your obligations, as outlined.

In practice, this isn’t always easy (no one said dealing with your ex would be…) But sharing custody doesn’t have to be as hard as you might be thinking, either.

To help your custody arrangement operate more smoothly, try to use some of these tips when interacting with your ex:

Be polite and respectful.
Be clear and specific.
Stay on topic.
Write down what you discussed, and share a copy with your child’s other parent.
Keep a record of your visitation times, drop offs, and exchanges.
Avoid talking about custody problems while under the influence.
Avoid talking about custody problems while your child is around.
Avoid casual small talk, text messaging, or other non-essential communication.
Make sure you’re both present when discussing important matters with doctors, teachers, and other professionals.
Do not talk badly about your child’s other parent to that child.
Focus on what’s best for your child (not what you want).

If it helps, treat your child’s other parent the same way you’d handle a business colleague. This mentality will ensure that all your encounters stay short, sweet, and professional at all times.

In California, your attitude towards sharing custody can actually influence the division of custody. In some cases, a systematic failure to cooperate with your child’s other parent could actually result in the court awarding primary residence to the child’s other parent. So it’s best to keep things as civil as possible, at all times.

At the end of the day, if there is a legitimate reason why your custody arrangement is no longer working, then it may be time to talk to your attorney about modifying visitation.

Do You Need Help with Visitation in California?

As a parent, you want what’s best for your child, and turning them over to someone you no longer trust can be incredibly difficult. That’s why it’s so important to have a family law attorney you can trust. One who will fight tirelessly for an arrangement that’s in your child’s best interest.

If you have more questions about visitation in California, we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and together, we can find the custody order that’s right for your family.

Divorce

How Quickly Can You Get a Divorce in California?

January 23, 2018January 17, 2019
by Angie

Once you’ve made the decision to divorce, you’ll probably want to get the process over with as soon as possible – most people do. There are things you can do to make your divorce go more smoothly (like reaching agreements on your own or working with a divorce mediator), but how long will it take?

How Quickly Can You Get a Divorce in California?

We read about celebrities getting a “quickie divorce,” but that’s not the norm. In California, it takes at least six months. There’s a waiting period that begins on the day you serve your soon-to-be ex-spouse with divorce papers (that can be a different day than the day your divorce lawyer files the petition for divorce) – but you must have filed the petition and served your spouse before the clock starts ticking.

You and your spouse can use that six-month period to begin resolving the issues you need to sort out to dissolve your marriage. After you reach a divorce agreement, your lawyer will file it with the court. Then, when the waiting period is done, the court will sign your agreement into an actual divorce decree. (If you can’t agree by that time, your lawyer will notify the court that you need a trial to settle the divorce.)

You’ll need to reach agreements and ask the judge to create orders about:

The Waiting Period and Child Custody

If you and your ex haven’t reached an agreement on custody and come up with a parenting plan by the time you file your divorce petition, you must attend custody mediation.

Residency Requirements and Other Time Frames You Need to Know

You or your spouse must have lived in California for the last 6 months to file for divorce here
You or your spouse must have lived in the county where you are filing the divorce for the last 3 months to file for divorce here

If you are divorcing a domestic partner and your partnership is registered in California, you don’t need to meet the residency requirements. If it wasn’t registered here, you must meet the residency requirements for married couples.

So About That Quickie Divorce…

While you can’t change the waiting period to get a divorce in California, you can still get divorced if you haven’t settled all your issues. Some people are able to bifurcate their divorces, which means that the court will end your marriage and let you negotiate or litigate other issues in the future.

(In case you’re interested, there are no residency requirements for divorce in Alaska; you can get a divorce in 6 weeks in Nevada; and you can get one in South Dakota after 60 days with no residency requirement.)

Do You Need to Talk to a Lawyer About Divorce?

We welcome the opportunity to answer your questions about divorce and issues such as custody, child support, spousal support, and the divorce process.

Call us at 209-910-9865 for a divorce case review. You’ll talk to an experienced Stockton divorce lawyer who can give you the advice you need to begin moving forward.

Tag: <span>Visitation</span>

Grandparent Visitation

What is Grandparent Visitation?

Who Qualifies for Grandparent Visitation?

When Parents are Still Married

When Parents are Not Married

How to File for Grandparent Visitation

Step 1: Is There an Open Case?

Step 2: Fill Out Paperwork

Step 3: Make Copies

Step 4: File Your Paperwork

Step 5: Notification

Step 6: Settlement and Hearing

Is Grandparent Visitation the Right Answer?

Do You Need Help with Grandparent Visitation in California?

Intro to Visitation in California

An Intro to Visitation in California

Legal Custody

Physical Custody

Best Interest of the Child

Visitation Orders

Tips for Reducing Custody Conflicts

Do You Need Help with Visitation in California?

How Quickly Can You Get a Divorce in California?

How Quickly Can You Get a Divorce in California?

The Waiting Period and Child Custody

Residency Requirements and Other Time Frames You Need to Know

So About That Quickie Divorce…

Do You Need to Talk to a Lawyer About Divorce?

Related Links

Our Office