Petition the Court

• You should first attempt to make visitation arrangments directly with the child's parent. If you are unable to obtain a satisfactory visitation schedule, you may petition the court for Grandparent visitation rights. If the parents are divorced or are living apart, you may file an independent request for visitation under Cal. Family Code § 3104. If the parent of the child is deceased, you may file your request for visitation according to Cal. Family Code § 3102. Contact your local county court, department of family services. They may have a specific form that is required to be completed (see Resources) when filing your petition. Additional documentation such as a summons, UCCJEA Declaration, income and expense declaration and proof of service form may be required.
  
  

Divorce

• If there is an ongoing divorce case, you may file a "Motion for Joinder" to ask the judge to let you join the case. If the judge approves, you may request grandparent visitation to be determined at the same time the divorce hearing is taking place. You will need the case number and the names of the parents. You may obtain the case number from the records department of the court where the divorce is filed.
  
  

Best Interest of the Child

• The judge will make his determination of visitation rights based on the best interest of the child. The parent's of the child will have input on whether or not they believe the child should have regular visitation with the grandparents. The physical and emotional health of the child, the safety of the child and the welfare of the child will all be taken into consideration. Evidence of substance abuse, abuse or neglect by the parents or grandparents are determining factors in the judge's decision to grant visitation rights. Typically a grandparent must have an existing relationship with the child in order for visitation rights to be granted.
  
  

Grandparent Custody

• Grandparents may also petition the court for custody of the children. Custody may be granted in situations where the court feels it is in the best interest of the children to reside with the grandparents. Custody is often granted in cases when the parent has abandoned the child, drug, alcohol or substance abuse are evident or emotional or physical abuse is present.