Below are the most frequently asked questions in the area of grandparent visitation in Sacramento, Third Party Visitation and Third-Party Custody Petitions in Sacramento.
What Standard Applies in Grandparent visitations cases?
Visitation is different from regular custody type cases, which apply the best interest standard. In visitation cases, the grandparent seeking visitation of their grandchild needs to show that (1) there is a pre-existing relationship and (2) it would be detrimental for the child to stop this preexisting relationship. Additionally, a slightly higher standard applies in that the grandparent must prove this standard by clear and convincing evidence. This generally, is a much higher standard than a regular custody case. Further, under certain circumstances, an even higher standard applies if one parent is deceased or if one parent has not seen the child.
Can only grandparents apply for visitation?
No, any third party with a pre-existing relationship can apply for third party visitation of a child. California recognizes that fact sometimes aunts, uncles, or even non genetically related third parties can form a close relationship with the child.
Does Visitation require a joinder?
Yes, visitation requires a joinder. This means that you must join the pending custody case, divorce case, or paternity case and seek visitation or custody of the minor children.
What is the process of a visitation case in Sacramento?
A visitation case is very much like a regular custody or visitation case in Sacramento. However, there is an extra step of actually joining the case. First, the grandparent seeking visitation will have to join the case and file a joinder. This typically takes 6-8 weeks. Then, if the joinder is successfully one will set a mediation and hearing date to be heard in another 8 weeks for the goal of getting Grandparent Visitation Sacramento.
How much visitation should I expect?
It depends on the individual relationship of the grandparent or third party family member with the minor child. Every case is different and every grandparent child relationship varies.
Is it possible for a grandparent to get custody and not the visitation of the child?
Yes, it is possible for a grandparent or third party to get custody of the minor child. However, the standard is very different and it has to be established that continued custody with one of the parents or both of the parents would be detrimental to the best interest of the minor child. Typically, this can be accomplished in either the family law case or guardianship?
What is Guardianship?
A guardianship is an action in probate court to obtain power over the minor child when continued placement with one of the parents would be detrimental to the best interest of the child.
What Rights Does a Grandparent Have Over Their Grandchildren?
Grandparents do have rights in California, however, the rights are not as strong as the rights of the parents. Grandparents rights for visitation are more specifically the rights of the child to continue to see the grandparents if there is a preexisting relationship and cutting off that relationship would be detrimental to the best interest of the child.
However, in some circumstances, the grandparent can elevate their rights. If a grandparent has assumed the day-to-day psychological and physical role of a parent of the minor child, the grandparent may petition the court for heightened rights. Individual rights will vary based upon the facts specific to your case.
The Other Parents is Not Complying with Grandparent visitation –what Can we do?
Grandparent visitation can be enforced in the same ways as regular custody and visitation orders can be enforced. Enforcement remedies include law enforcement, civil penalties, and if circumstances warrant a contempt of court.
Under What Circumstances Can A Parent Challenge Visitation?
A parent has the ability to challenge a grandparent seeking Court-ordered visitation. Generally, a parent seeking to challenge grandparent visitation will not want Court Ordered visitation to be mandated on their family. An objecting parent may not want to lose some of the precious free time that they have to a former in-law who they may not necessarily get along with. Under the law, objective parents typically challenge the quality of the relationship between the parent-child, the detriment standard or other fact-specific challenges.
Is There a Filing Fee for a grandparent visitation
Yes, there is. One has to pay the general first appearance fee ($435), motion fee ($60) and sometimes the modification of custody fee ($25).
What is some advice on visitation?
Filing a Court action should be your last resort. Visitation cases are difficult your best option is almost always settlement of a custody and visitation dispute. First, try to mediate or resolve your grandparent visitation or custody action outside of Court. If that fails, and if the parents are still not letting you see your grandchild, then file a Court action.
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