Grandparent Visitation Petition (California)

PETITION FOR GRANDPARENT VISITATION

Superior Court of California — Family Law Division

I. COURT CAPTION AND CASE INFORMATION

SUPERIOR COURT OF CALIFORNIA
COUNTY OF [________________________________]

Case No.: [________________________________] (To be assigned by clerk)

PETITION FOR GRANDPARENT VISITATION (Cal. Fam. Code § 3104)

HEARING INFORMATION (if assigned):

II. PETITIONER (GRANDPARENT) INFORMATION

A. Petitioner Identity

B. Co-Petitioner (if applicable)

III. RESPONDENT(S) — PARENT(S) AND CUSTODIANS

A. Respondent 1 (Parent)

B. Respondent 2 (Parent), if applicable

C. Other Person Having Physical Custody / Stepparent (if applicable)

IV. MINOR CHILD(REN)

Child 1:

Child 2 (if applicable):

V. JURISDICTION AND VENUE

A. Subject-Matter and UCCJEA Jurisdiction

Petitioner alleges this Court has jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (Cal. Fam. Code §§ 3400-3465):

☐ California is the home state of the child — the child has lived in California with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition (or since birth, if the child is under six months old).
☐ California is not the home state, but jurisdiction exists because (explain): [________________________________]

A completed UCCJEA Declaration (Judicial Council Form FL-105/GC-120) is filed with this Petition.

B. Venue

☐ Venue is proper in this County because the child resides or is found in the County of [________________________________].

C. Related and Prior Proceedings

☐ No other proceeding concerning the custody or visitation of the child is pending or has been decided.
☐ The following proceeding(s) exist (court, case no., status): [________________________________]

VI. STANDING UNDER CAL. FAM. CODE § 3104

A. The Married-Parents Limitation (Cal. Fam. Code § 3104(b))

A petition under § 3104 shall not be filed while the natural or adoptive parents are married, unless one or more of the following circumstances exists. Petitioner alleges the following applies (check all that apply):

☐ The parents are currently living separately and apart on a permanent or indefinite basis. (§ 3104(b)(1))
☐ One of the parents has been absent for more than one month without the other spouse knowing the whereabouts of the absent spouse. (§ 3104(b)(2))
☐ One of the parents joins in this Petition with the grandparent(s). (§ 3104(b)(3))
☐ The child is not residing with either parent. (§ 3104(b)(4))
☐ The child has been adopted by a stepparent. (§ 3104(b)(5))
☐ One of the parents is incarcerated or involuntarily institutionalized. (§ 3104(b)(6))
☐ Not applicable — the parents are not married (e.g., divorced, never married, or one parent is deceased).

B. Alternative / Additional Statutory Basis (check if applicable)

☐ Cal. Fam. Code § 3102 — One parent of the child is deceased and Petitioner is a relative (including a grandparent) of the deceased parent seeking visitation. (Plead in the alternative.)
☐ Cal. Fam. Code § 3103 — A parental custody proceeding is pending and Petitioner seeks visitation by joinder. (If checked, this matter should proceed by Request for Joinder under Rule 5.24.)

VII. FACTUAL ALLEGATIONS — PREEXISTING RELATIONSHIP AND BOND

A. Preexisting Relationship Engendering a Bond (Cal. Fam. Code § 3104(a)(1))

Petitioner alleges there is a preexisting relationship between Petitioner and the child that has engendered a bond such that visitation is in the best interest of the child. The relationship is described as follows:

[________________________________]
[________________________________]
[________________________________]

Petitioner further alleges (check all that apply):

☐ Petitioner has known and had contact with the child since [birth / date: __/__/____].
☐ The child resided in Petitioner's home from [__/__/____] to [__/__/____].
☐ Petitioner regularly cared for the child (describe frequency and nature): [________________________________]
☐ Petitioner shared holidays, birthdays, vacations, and family traditions with the child.
☐ Petitioner provided financial, emotional, educational, or developmental support to the child.
☐ Other facts establishing the bond: [________________________________]

B. Circumstances Leading to This Petition

Describe how and when contact between Petitioner and the child was reduced or denied, and any informal efforts to resolve the matter:

[________________________________]
[________________________________]
[________________________________]

C. Child's Wishes (if of sufficient age and maturity)

☐ The child has expressed a desire to continue a relationship with Petitioner: [________________________________]
☐ The child is too young to express a meaningful preference.

VIII. CONSTITUTIONAL AND STATUTORY STANDARD

A. Special Weight to a Fit Parent's Decision (Troxel v. Granville)

Petitioner acknowledges that a parent's interest in the care, custody, and control of his or her child is a fundamental liberty interest protected by the Fourteenth Amendment, and that a fit parent's decision regarding visitation is entitled to special weight. (Troxel v. Granville, 530 U.S. 57 (2000).) There is a presumption that a fit parent acts in the best interest of the child.

B. The § 3104 Balancing Test (Cal. Fam. Code § 3104(a))

The Court may grant reasonable visitation only if it does both of the following:

1. Finds that there is a preexisting relationship between the grandparent and the grandchild that has engendered a bond such that visitation is in the best interest of the child (§ 3104(a)(1)); and
2. Balances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority (§ 3104(a)(2)).

C. Rebuttable Presumptions Against Visitation

Petitioner recognizes the following statutory rebuttable presumptions and addresses them:

☐ § 3104(e): There is a rebuttable presumption that grandparent visitation is not in the child's best interest if both parents agree the grandparent should not be granted visitation. Petitioner alleges this presumption does not apply or is rebutted because: [________________________________]
☐ § 3104(f): There is a rebuttable presumption affecting the burden of proof that grandparent visitation is not in the child's best interest if the parent with sole legal and physical custody (or, where there is no operative custody order, the parent with whom the child resides) objects. Petitioner alleges this presumption does not apply or is rebutted by the following facts: [________________________________]

D. Limitations Acknowledged

☐ Visitation will not be ordered if it would conflict with the custody or visitation right of a birth parent who is not a party to this proceeding (§ 3104(g)).
☐ An order under § 3104 will not create a basis for or against a change of the child's residence (§ 3104(h)).

IX. BEST-INTEREST FACTORS

Petitioner alleges that grandparent visitation is in the best interest of the child for the following reasons (check all that apply):

☐ A strong, loving, and established bond exists between Petitioner and the child.
☐ The child benefits emotionally and developmentally from maintaining the relationship.
☐ Petitioner provides stability, continuity with extended family, and a connection to family heritage and identity.
☐ Denial of contact has caused or would cause the child emotional harm or loss.
☐ Petitioner will support and not undermine the parent-child relationship and parental authority.
☐ Petitioner has no history of abuse, neglect, domestic violence, or other conduct endangering the child.
☐ The proposed visitation will not substantially interfere with the parent-child relationship.
☐ Other factors: [________________________________]

X. REQUESTED VISITATION SCHEDULE

A. Regular Visitation

☐ Weekly: [days and times] [________________________________]
☐ Bi-weekly: [________________________________]
☐ Monthly: [________________________________]
☐ Other: [________________________________]

B. Holidays and Special Occasions

C. Transportation and Exchange

☐ Petitioner will provide transportation. ☐ Exchange location: [________________________________]
☐ Other arrangement: [________________________________]

D. Communication Between Visits

☐ Telephone calls: [frequency] [____________] ☐ Video calls: [frequency] [____________] ☐ Mail/cards ☐ Email (if age-appropriate)

XI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under Cal. Fam. Code § 3104 (and, if applicable, § 3102 or § 3103);

B. Find that a preexisting relationship between Petitioner and the child has engendered a bond such that visitation is in the child's best interest, and that the balance of the child's interest against the parents' authority favors visitation;

C. Enter an order granting Petitioner reasonable visitation with the minor child(ren) pursuant to the schedule in Section X, or as the Court deems just;

D. Grant Petitioner the right to reasonable communication with the child between visits;

E. Allocate transportation and visitation-related costs as appropriate (Cal. Fam. Code § 3104(i));

F. Award costs of suit as permitted by law; and

G. Grant such other and further relief as the Court deems just and proper in the best interest of the child.

XII. VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of California:

1. I am the Petitioner in this proceeding.
2. I have read this Petition for Grandparent Visitation and know its contents.
3. The matters stated in this Petition are true of my own knowledge, except as to those stated on information and belief, and as to those I believe them to be true.
4. This Petition is filed in good faith and not for any improper purpose or to harass.

Executed on [__/__/____], at [________________________________], California.

_______________________________________________
[________________________________], Petitioner

XIII. SIGNATURE — PETITIONER OR ATTORNEY

Respectfully submitted,

Dated: [__/__/____]

_______________________________________________
[________________________________]

XIV. NOTICE TO RESPONDENT(S)

TO EACH RESPONDENT: A Petition for Grandparent Visitation has been filed concerning the above-named child. You have the right to file a written response, to appear at any hearing, to be represented by an attorney, and to present evidence and witnesses. If you do not respond or appear, the Court may make orders affecting visitation without your input. The petitioner must give notice of the petition to each parent of the child, any stepparent, and any person who has physical custody of the child, by personal service pursuant to Cal. Code Civ. Proc. § 415.10 (Cal. Fam. Code § 3104(c)).

XV. PROOF OF SERVICE

I, [________________________________], declare: I am over 18 and not a party to this proceeding. On [__/__/____] I served a copy of this Petition (and Notice of Hearing, if any) on the following persons in the manner indicated:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____], at [________________________________], California.

_______________________________________________
[________________________________] (Person Who Served Papers)

XVI. ATTACHMENTS

☐ UCCJEA Declaration (Judicial Council Form FL-105/GC-120)
☐ Exhibit A — Photographs of Petitioner with the child
☐ Exhibit B — Cards, letters, or other communications evidencing the relationship
☐ Exhibit C — Evidence of caregiving, financial support, or residence with Petitioner
☐ Exhibit D — Any prior or pending court orders concerning the child
☐ Exhibit E — Other: [________________________________]
☐ Filing Fee or Fee Waiver Application (Form FW-001)

XVII. SOURCES AND REFERENCES

California Family Code

• Cal. Fam. Code § 3104 — Grandparent Visitation
• Cal. Fam. Code § 3102 — Visitation by Relatives of a Deceased Parent
• Cal. Fam. Code § 3103 — Grandparent Visitation in a Pending Proceeding
• Cal. Fam. Code §§ 3400-3465 — UCCJEA

Rules and Procedure

• Cal. Rules of Court, Rule 5.24 — Joinder of Persons Claiming Custody or Visitation
• Cal. Code Civ. Proc. § 415.10 — Personal Service

Controlling Constitutional Authority

• Troxel v. Granville, 530 U.S. 57 (2000) — A fit parent's decision regarding visitation is entitled to special weight.

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Grandparent visitation law is constitutionally sensitive; verify all citations and the correct procedural vehicle before filing.