Most parents and grandparents who want to get an order for visitation in guardianship can petition the court. Typically, most courts will require local forms when filing the petition for guardianship visitation rights in California. As a result, the process is not the same for every county. Therefore, individuals should take care to ensure the documents are properly prepared. Read on to learn more about how to petition for visitation in guardianship cases and how A People’s Choice can help.
How to Get Guardianship Visitation Rights
When seeking an order for visitation in guardianship, a parent must file a petition or motion, attend a court hearing, and get a signed order from the judge. Additionally, upon filing a petition, all interested parties must be served. Usually, interested parties include the guardian and perhaps the other parent.
Reaching an Agreement
Before going to court, the moving and non-moving parents should try to reach an agreement about visitation rights. Keep in mind that if the parent is not abusive or threatening to the child, the court will likely grant the visitation order. However, in the case of disputes, parties may also consider consulting a mediator before attending court.
Grandparents’ Guardianship Visitation Rights
Grandparents may also consider petitioning for visitation in guardianship. More specifically, a visitation order will ensure grandparents are allowed to visit their grandchildren. However, grandparents cannot file for a visitation order while the parents are married. That said, a grandparent may seek a visitation order under the following circumstances:
- The parents are living separately;
- A parent’s whereabouts are unknown;
- One of the parents joins the grandparent’s petition for visitation;
- The child does not live with either parents; or
- The grandchild has been adopted by a stepparent
When possible, families should resolve visitation disputes outside of court. However, to get an order for visitation in guardianship, a grandparent should file a motion to have the court set a hearing. Then, all interested parties must be provided, or served, with notice. Ultimately, at the hearing, the judge will either grant or deny the motion.
Contact A People’s Choice for more information about how to file a petition for visitation in guardianship in California. We have friendly, compassionate staff available to speak with you on the phone seven days a week. Call us today at 800-747-2780.
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