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:
- 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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My aunt was grated guardianship for my two girls without me ever being notified of any court date or anything but now she refuses to answer my calls or let me see them at all. how do I get visitation with my kids?? Also is it even legal to grant someone guardianship without the parent that had custody of kids being notified???
You should speak with an attorney.
I lost guardianship of my kids and there was no visitation order. However it’s difficult to see my kids because the grandparents control everything and they don’t even tell me about important things that I feel ishould be told about. Also my kids have sleepovers with other family but I don’t even ask because I already know the outcome. Should I petition the court for a visitation order?
Hello, I would get some legal advice regarding this issue, but if you decide what paperwork you would like prepared, please call the office on 800-747-2780 and a member of staff can assist.
My son is in prison and wants me to get temporary rights so him and our family can be in his sons life. His mom refuses to let us see him or talk to him. What can we do?
Hello Tamara, you may wish to obtain some legal advice regarding your situation and contact our office for a price quote on the documents once they have advised you regarding what direction to take.
Hello I have guardianship of my 9 year old granddaughter in April her father was given supervised visits he has not made any visits in 70+ days today he sends Text I want to talk to by daughter I tried to get her to call or text she does not want to and got really upset we have court in 8 days. Can I get in trouble he has let many days go by and at court I told him to call and he could come to house or meet in park he’s done nothing till today.
If he is not taking advantage of his ordered visitation you may want to motion to get it changed.
how can i get visit with my son if my brother and his wife got temporary guardianship they r saying thr they have full guardian shop of my son and we never to rhe judge and it was not a open cps xase so how can i get mt visit and can i gwt unsupervised visits with my son and what do i have to do to get him on hollday
Sometimes a parent may be able to file a motion for visitation. Give us a call at 800-747-2780.