An interested party who wants to get an order for visitation in guardianship can petition the court for a visitation order. Generally speaking, most courts require the Petition be filed using local forms. This means that the process is not the same for every county and care should be taken to make sure the documents are properly prepared. Most parents and grandparents who have trouble visiting their children may obtain an order for visitation in guardianship. Read on to learn more about how to petition for visitation in guardianship cases.

Guardianship Overview

There are two common types of guardianship in California: Guardianship of the Minor’s Estate and Guardianship of the Minor’s Person. The latter often requires another order that covers visitation by a parent. Parents do not necessarily need a visitation order unless their parental rights were terminated. In some cases, guardianship is granted and 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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Visitation in Guardianship Case!

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Parental visitation rights are not necessarily terminated due to a guardianship order. Courts usually allow parental visitation in guardianship cases. With this in mind, parents should raise visitation rights during the guardianship proceedings. If no court order for visitation exists, the absent parent can file a motion with the court to ask for a visitation order.

How to Get Visitation in Guardianship Case

When seeking an order for visitation in guardianship, a parent must file a petition/motion, attend the court hearing, and get a signed order from the judge. As mentioned earlier, be sure to check the local forms for the particular court where the case will be filed. Upon filing a petition, all interested parties must be served. This includes the guardian and perhaps the other parent.

The moving and non-moving parties should try to reach an agreement about visitation outside of court. If the parent is not found to be abusive or pose a threat to the child, the court will likely grant the visitation order. Parties may also consider consulting with a mediator to resolve visitation disputes.

Grandparents’ Visitation in Guardianship

Grandparents may also consider petitioning for visitation in guardianship. A visitation order will make sure grandparents are allowed to visit with their grandchildren. Note, grandparents cannot file for a visitation order while the parents are married. However, 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 of his/her parents; or
  5. The grandchild has been adopted by a stepparent.

Obviously, when possible, it is always best for families to resolve visitation disputes outside of court. Consider mediation to openly discuss all issues. To get an order for visitation in guardianship, a grandparent should file a motion to have the court set a court hearing. All interested parties must be provided (served) with notice. 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 7 days a week between 8:30 am and 8:30 pm. Call us today at 800-747-2780.

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