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.

Guardianship & Visitation: An Overview

There are two common types of guardianship in California: guardianship of the minor’s estate and guardianship of the minor’s person. Oftentimes, the latter requires an additional order that covers visitation by a parent if their parental rights were terminated. Therefore, parents should raise visitation rights during the guardianship proceedings. If guardianship is granted, a parent can obtain a court mandated visitation without later having to file documents for an order.

“I was faced having to take legal action to get visitation to see my grandson. The court had awarded another grandparent legal guardianship and they were not allowing us to see him.” T. Becker
“A People’s Choice helped us file the motion and get the judge to hear our side of the story. Thankfully the court granted our request and we now have visitation in the guardianship case.” T. Becker

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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:

  1. The parents are living separately;
  2. A parent’s whereabouts are unknown;
  3. One of the parents joins the grandparent’s petition for visitation;
  4. The child does not live with either parents; or
  5. 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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