Grandparents can have special visitation rights under certain circumstances. The judge will look at many factors, especially what the parent with custody of the child wants. The judge�s final decision will be based on the best interest of the child but the parents have a lot of say in what they think is best for their children. The law gives special consideration to requests for visitation by grandparents when their son or daughter, the child�s parent, is deceased.
Grandparents wanting visitation should first make every effort to reach an agreement for visitation with the parents of the children. If they can�t reach an agreement, grandparents can ask the court either by joining an existing case between the parents of the children, or by filing an independent request for visitation in court.
For more information on grandparent visitation rights, contact the Senior Legal Hotline Grandparent Project . They can provide you information send you written materials to help you with your case. You can also find resources in your area to help you at LawhelpCalifornia.org .
What is the process for getting a custody and visitation court order?
In most cases, parents can make their own agreements for custody and visitation. If you and the other parent agree on custody, the judge will probably approve your agreement and it will become a court order. After the judge signs your agreement, file it with the court clerk. Click here for more help on writing up a custody and visitation agreement or parenting plan.
If you cannot agree, the judge will send you to mediation and a mediator from Family Court Services will help you. If you still cannot agree, you and the other parent will meet with the judge. Generally, the judge will then decide your custody and visitation schedule.
In some cases, the judge may appoint an evaluator to do a custody evaluation and recommend a parenting plan. A parent can also ask for an evaluation, but the request may not be granted. Parents may have to pay for an evaluation.
The judge also may appoint lawyers for children in custody cases. The judge will also decide who will pay for the child�s lawyer�s fees.
Can a custody and visitation order be changed?
After a judge makes a custody/visitation order, one or both parents may want to change the order. Usually, the judge will approve a new custody and visitation order that both parents agree to. If the parents can't agree on a change, one parent can ask the court for a change. Usually, that parent will have to ask for a court hearing and prove to the judge that there is a change in circumstances, harm to the children or other good reason to change the order. Both parents will probably have to meet with a mediator to talk about why you want to change the order.
Contested custody or visitation cases are complicated. Talk with a lawyer to understand how law affects you and your rights. Click here for help finding a lawyer.