Petition Visitation Form With Grandparent
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FAQ
Grandparents do not have an automatic right to visitation or custody in California. The court's primary concern is always the child's well-being. Therefore, grandparents must present evidence to support their claim that the child will be harmed without the relationship.
A grandparent will be able to easily prove that either a parent has died, or that a divorce has occurred prior to the grandparent petitioning the Court. It becomes much more difficult when the remaining spouse (who presumably has sole custody) is objecting to the grandparents visiting the grandchild.
If there is an open case, such as a divorce or parentage case, most likely the Grandparent will need to file a Joinder and Request for Order to obtain a court date. If there is no case filed between the parents, the grandparent will need to file a new case by creating their own unique Petition and Request for Order.
Generally, a child's parents have the right to decide whether or not their child will see their grandparents. If parents don't live together, either parent can let the child see their grandparents during their parenting time.
Fortunately, the laws in our state support a grandparent's legal right to see and spend time with their grandchildren. Under the Georgia Code (O.C.G.A. 19-7-3), grandparents may file a petition seeking visitation in any custody action, including cases involving divorce, termination of parental rights, and adoption.