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Seeking Visitation or Custody in California For example, a grandparent can file for visitation when the grandchild's parents are divorced, not married, or separated. It also allows a grandparent to make a claim for visitation when the grandchild is not living with either parent.
In order to obtain grandparent visitation rights, you must first file a petition requesting grandparent visitation rights with the court. If a family law case between your grandchild's parents has already been filed, such as a divorce or paternity case, you may join that case and ask for grandparent visitation rights.
As one might expect, there is no normal visitation schedule. If the judge determines that visitation is in the child's best interests and all ARS § 25-409 requirements are met, then expect reasonable grandparent visitation to be ordered.
You must file a "petition," (formal written request) with the court in the county where your grandchild lives. In your petition, you will describe your proposed schedule for court-ordered time.
In California, under Family Code section 3100, the family court may grant reasonable visitation rights to the grandparent of a minor child. The court may grant you reasonable grandparent visitation rights if either parent of a minor child is deceased.