In California family law, grandparent joinder refers to the process by which grandparents may seek to become parties to a family law case for the purpose of obtaining visitation rights of their grandchildren. Grandparent joinder and visitation rights are a complex area of family law, given their Constitutional implications. As such, few family law attorneys truly understand this practice or have ever handled a grandparent visitation proceeding. Our experienced family law attorneys at Antonyan Miranda have successfully represented clients in these situations and understand the nuanced law that is involved.

What Does Grandparent Joinder Mean in a Family Law Case?

In family law cases in California, “joinder” refers to the legal process of adding necessary additional persons to a lawsuit, thereby making them parties to the action. Being a party permits one to participate in legal proceedings and allows the court to make orders which bind them.  Joinder is either permissive or mandatory and ultimately is discretionary to the court.  Typically, a grandparent files a motion to join a child custody case involving their grandchild based upon the assertion that they have a significant interest in the outcome of the case. The court will consider the merits of the request and determine whether a joinder is appropriate. In California, grandparents may seek to intervene in certain situations to assert their rights to visitation or custody of their grandchildren.

The California Family Code and the California Rules of Court govern the specific rules and procedures for joinder in California family law cases. It is important to consult a family law attorney to understand the requirements and process for joinder in your case.

Under California law, when both parents are still living, grandparents may seek to join an existing custody proceeding between the parents of the child, or they may bring an independent petition to seek visitation.  Under either circumstance, there is a rebuttable presumption that visitation with the grandparent is not in the child’s best interest if it is opposed by both parents or if it is opposed by one parent that has sole legal custody or by one parent with whom the child resides.

How Do Grandparents Seek Visitation Rights in California?

In California, grandparents can seek visitation rights with their grandchildren by following a specific legal process. The general steps involved include:

UNDERSTAND THE ELIGIBILITY CRITERIA:

California law allows grandparents to seek visitation rights in certain circumstances, including if one or both parents have died, if both parents are living and the visitation request is made incident to an existing child custody and visitation proceeding, or if both parents are living and the request is made independently. 

FILE AND SERVE: 

Whether seeking to join an existing proceeding or initiate an independent proceeding, the proper requests must be pleaded and filed with the court.  Proper and timely service is required upon all parties.

FAMILY COURT SERVICES (FCS):

California child custody and visitation proceedings are preceded by a mandatory mediation through FCS.  A grandparent wishing to obtain visitation rights must participate in this process unless otherwise ordered by the court.

COURT HEARING:

Upon a proper filing by the grandparent seeking joinder, a court hearing will be scheduled by the court.  During the hearing, there will be an opportunity for the parties to present their case and provide evidence supporting their requests. The court will consider various factors, including the best interests of the child.

COURT DECISION:

Based on the evidence and arguments presented, the court will make orders regarding visitation rights. The court may grant visitation upon consideration of many factors, including if it determines that it is in the best interests of the child. The court may also order a specific visitation schedule or impose any necessary conditions or restrictions related to visitation.

How Can an Attorney Help with Grandparent Joinder and Visitation Rights?

Seeking grandparent visitation rights in California can be a complex and challenging process, particularly when both parents are living. Consulting with an experienced family law attorney is highly recommended. At Antonyan Miranda, we can provide the necessary guidance, representation, and support to navigate the legal system and increase your chances of obtaining visitation rights with your grandchildren, including:

LEGAL EXPERTISE:

Our attorneys have in-depth knowledge of California’s grandparent visitation laws. We can explain your rights, legal options, and the requirements you need to meet to seek visitation. We will guide you through the complex legal process and ensure that you understand the potential outcomes and challenges.

CASE EVALUATION:

Our attorneys will evaluate the specific circumstances of your case, including the nature of your relationship with your grandchildren and the factors that may impact your request for visitation. We will assess the strengths and weaknesses of your case and advise you on the best course of action.

PETITION PREPARATION:

Our attorneys will assist in preparing the necessary legal documents, including any legal briefing required.

EVIDENCE GATHERING:

Our attorneys can help you gather the necessary evidence to support your request for visitation rights. We may advise you on the types of evidence that carry weight in court, such as documenting your existing relationship with the grandchildren, providing witnesses who can testify to the bond between you and the grandchildren, or presenting any evidence that demonstrates the importance of your involvement in their lives.

COURT REPRESENTATION:

If the case proceeds to court, having an attorney by your side is crucial. We will represent you in court, presenting your arguments, introducing evidence, and cross-examining witnesses. Our attorneys’ courtroom experience and familiarity with family law proceedings can significantly strengthen your case.

LEGAL STRATEGY AND ADVOCACY: 

Our attorneys will develop a legal strategy tailored to your specific case. We will analyze the relevant legal precedents and arguments and effectively present your case before the court. We will advocate for your visitation rights, emphasizing the importance of maintaining a meaningful relationship between you and your grandchildren.

POST-JUDGMENT ASSISTANCE:

If you are granted visitation rights, our attorneys can help ensure that the court’s orders are properly implemented and enforced. If there are any issues or violations of the visitation order, they can guide you on the appropriate legal steps to take.

At Antonyan Miranda, we aggressively advocate for your interests, using all available legal tools and strategies to help secure all that is important to you: family, finances, and assets! Call us at 619-696-1100 to speak with one of our Concierge attorneys, or visit us at www.expertdivorcelaw.com for more information.