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In California, grandparents who seek to maintain or establish a relationship with their grandchildren can turn to the SB 11290 form, commonly used for petitions for grandparent visitation. This form serves as a formal request to the court, detailing who the petitioners are, their relationship to the child, and the context behind their request for visitation. It requires specific information about both the minor child and the circumstances of the parents, including marital statuses and any existing child custody arrangements. Importantly, the form allows petitioners to explain the bond between them and the child, emphasizing why such visitation would be in the child's best interests. By completing this form, grandparents can outline their proposed visitation schedule and signify their willingness to adhere to court guidelines. The document also addresses necessary declarations and consents needed for the petition, reinforcing the importance of proper procedure. Ultimately, the SB 11290 form is an essential tool for grandparents advocating for their rights to connect with their grandchildren in challenging family dynamics.

California Sb 11290 Example

PARTY WITHOUT ATTORNEY OR PARTY

STATE BAR NUMBER:

NAME:

 

 

FIRM NAME:

 

 

STREET ADDRESS:

 

 

CITY:

STATE:

ZIP CODE:

TELEPHONE NO.:

FAX NO.:

 

E-MAIL ADDRESS:

 

 

ATTORNEY FOR (name):

 

 

SUPERIOR COURTS OF CALIFORNIA, COUNTY OF SAN BERNARDINO

STREET ADDRESS:

MAILING ADDRESSS:

CITY AND ZIP CODE:

BRANCH NAME:

PETITIONER:

RESPONDENT:

OTHER PARENT/PARTY:

CASE NUMBER:

PETITION FOR GRANDPARENT VISITATION

1. Petitioner is the □

Maternal - □ grandmother

□ grandfather of the minor child(ren) listed below.

□

Paternal - □ grandmother

□ grandfather of the minor child(ren) listed below.

Name of child

Date of

birth

Person child lives with/

County of residence

Other parent’s name

□Additional children named on “Attachment, No. 1” (or form _________)

2.An action is currently pending in (County) ___________________, (State) __________________

involving child custody and visitation in case number: _____________________________

a.□ No judgment has been entered; or

b.□ A judgment was entered on (date)_____________

3.Petitioner is bringing this petition forth because (mark all that apply):

a.□ The parents are not married to each other or in a registered domestic partnership, or

□The parents of the child(ren) are divorced.

b. □ The parents are married to each other and one or more of the following exist:

□The parents are currently involved in a divorce proceeding in ________________ County.

□The parents are currently living separately and apart on a permanent or indefinite basis.

□One of the parents has been absent for more than one month without the other parent knowing the whereabouts of the absent parent.

□One of the parents joins in this petition with the grandparent(s) as shown by the signature of the parent below.

□The child(ren) are not residing with either parent.

□The child(ren) have been adopted by a stepparent.

□One of the parents of the child(ren) is incarcerated or involuntarily institutionalized.

Form No. SB-11290 Adopted for Optional Use www.sb-court.org

PETITION FOR GRANDPARENT VISITATION

Page 1 of 2

Family Code, §§3100-3104

Revised August 2020

4.There is a preexisting relationship and bond between the child(ren) and grandparent(s). Explain the reason why grandparent visitation is in the best interest of each child: _____________________

__________________________________________________________________________________

__________________________________________________________________________________

□See “Attachment, No. 4” (or form _________)

5.Describe the proposed visitation schedule:_____ _________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

□See “Attachment, No. 5” (or form _________)

6.□ A completed Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act

(FL-105) form is submitted as there is no existing family law case. This petition shall start a new matter.

7.Petitioner requests that the Court grant reasonable visitation with the above-named child(ren) and such other relief as the Court deems appropriate pursuant to Family Code sections 3100 through 3104.

□A Request for Order (FL-300 form) is concurrently filed with this petition in order to request a hearing date. (Note: A Request for Order cannot be filed until after a party has been joined to the case)

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

Date:

 

________________________________

_________________________________________________

TYPE OR PRINT NAME

SIGNATURE OF PETITIONER

________________________________

_________________________________________________

TYPE OR PRINT NAME

SIGNATURE OF PETITIONER

________________________________

_________________________________________________

TYPE OR PRINT NAME

SIGNATURE OF ATTORNEY FOR PETITIONER(S)

PARENT’S CONSENT TO PETITION FOR GRANDPARENT VISITATION

I hereby consent to and join this Petition for Grandparent Visitation.

Date:

________________________________

_________________________________________________

TYPE OR PRINT NAME

SIGNATURE OF □MOTHER □ FATHER OF CHILD(REN)

NOTICE: The Court shall balance the interests of the child in having grandparent visits against the rights of the parents.

A rebuttable presumption against best interests/visitation is created:

1.If the parents agree that visitation is not in the best interests of the child(ren), or

2.If the parent awarded sole legal and physical custody (or with whom the child resides if no custody order) objects.

SERVICE: Personal service is required unless this petition is filed in an existing case. If filed in an existing case, service is completed by certified mail, return receipt to the last known address of parents, stepparent or person with physical custody of the child(ren). (See Family Code sections 3103(c) and 3104(c).)

Form No. SB-11290 Adopted for Optional Use www.sb-court.org

PETITION FOR GRANDPARENT VISITATION

Page 2 of 2

Family Code, §§3100-3104

Revised August 2020

Get California Sb 11290 PDF Form

Form Characteristics

Fact Name Details
Form Title Petition for Grandparent Visitation
Governing Law California Family Code, Sections 3100-3104
Form Usage This form is adopted for optional use in grandparent visitation cases.
Petitioner Types The petitioner can be a maternal or paternal grandparent.
Pending Actions The petition may be filed when there is no judgment or a judgment exists in an ongoing child custody case.
Required Attachments Additional children and visitation details may require attachments, such as "Attachment, No. 1" and "Attachment, No. 5."
Service Requirements Personal service is necessary unless the petition is part of an existing case; certified mail may then be used.

Guidelines on Utilizing California Sb 11290

Filling out the California SB 11290 form is essential for initiating a petition for grandparent visitation. This process involves gathering important details about the child, the parents, and your relationship with the child. The following steps should guide you through the completion of the form efficiently.

  1. Provide Your Information: Fill out the party information section at the top of the form. Include your name, firm name (if applicable), address, phone number, and email. Indicate whether you are a party without an attorney or if you are represented by one.
  2. List Court Information: Enter the street address and mailing address of the Superior Court of California in San Bernardino County, along with the case number related to child custody and visitation.
  3. Identify Yourself as Petitioner: Clearly indicate your role as the petitioner by checking the box for either maternal or paternal grandparent, and specify whether you are a grandmother or grandfather. Fill in the name and date of birth of the child or children involved.
  4. Current Child Custody Action: State the county and state where an action is currently pending. Specify if any judgments have been entered and, if so, provide the date.
  5. Reasons for Petition: Mark all applicable reasons for bringing this petition, detailing the family circumstances that justify your request.
  6. Explain Relationship: Describe the preexisting relationship and bond you have with the child or children. Provide an explanation as to why visitation serves the best interest of the child.
  7. Proposed Visitation Schedule: Describe your suggested visitation schedule. Be thorough, as this will help the court understand your request.
  8. Submit Necessary Forms: If needed, submit the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) form if this petition starts a new case.
  9. Request for Relief: Indicate your request for the court to grant reasonable visitation, and ensure to check if a Request for Order (FL-300 form) is being filed concurrently.
  10. Signature Section: Finally, sign the form under the declaration section. Print your name and date the form as necessary. If applicable, include the consent and signatures from the child’s mother or father.
  11. Serving the Petition: Understand the requirements for serving the petition. If this is a new matter, personal service is needed. If it is in an existing case, ensure to complete service via certified mail.

Once you have filled out the California SB 11290 form, review your entries for accuracy and completeness. Submitting this document correctly and promptly is essential for proceeding with your petition for grandparent visitation.

What You Should Know About This Form

What is the California SB 11290 form?

The California SB 11290 form is a legal document used to file a petition for grandparent visitation rights in the state of California. This form allows grandparents, whether maternal or paternal, to formally request access to their grandchildren when certain conditions apply. It outlines specific grounds for the request and serves to inform the court about the existing relationship between the grandparents and the children.

Who can file the SB 11290 form?

Grandparents of the minor child or children involved can file this form. The petitioner must indicate their relationship to the child—either as a maternal or paternal grandparent—when completing the form. Additionally, consent from at least one parent may also be required for the petition to proceed smoothly.

What information do I need to provide on the form?

When completing the SB 11290 form, you will need to provide detailed information including the names of the parties involved, the relationship of the petitioner to the child, the child's date of birth, and the current living arrangements of the child. You will also need to explain why visitation is in the best interest of the child and outline a proposed visitation schedule. If there is no existing family law case, you'll need to submit a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act as well.

How does the court determine the best interests of the child?

The court will carefully assess the circumstances of each individual case. Factors may include the existing bond between the grandparents and the child, the reasons for the visitation request, and any objections from the parents. Typically, the court aims to balance the child’s need for family relationships with the rights of the parents to make decisions regarding their children.

What is the process for submitting the SB 11290 form?

The SB 11290 form must be filed with the Superior Court of California in the relevant county. If there is an existing custody case, you can file it in that case. Otherwise, a new matter may be initiated. Once the form is completed, it must be served to the relevant parties, which may include the child’s parents. Service is typically done in person or by certified mail, ensuring that all involved parties are informed about the petition.

What happens after the form is filed?

Once the form is filed and the required parties have been served, the court will schedule a hearing to discuss the petition. You may also need to complete a Request for Order (FL-300) to set a hearing date. At the hearing, evidence may be presented regarding the visitation request, and the court will make a determination based on the interests of the child and any objections from the parents.

What if the parents do not agree to the visitation?

If the parents contest the request, the court will weigh their objections against the grandparent's request for visitation. A rebuttable presumption exists against grandparent visitation if both parents agree that it is not in the children's best interests or if the parent with sole custody objects to it. Therefore, it’s crucial for petitioners to demonstrate how visitation would benefit the child despite any parental opposition.

Common mistakes

Filling out the California SB 11290 form can be a straightforward process if done carefully. However, many people make mistakes that can delay the petition or create misunderstandings. One common error is failing to check all applicable boxes when indicating the relationship to the child. For instance, if the petitioner is a maternal grandmother, the boxes for both 'Maternal' and 'grandmother' must be checked. Missing this step can lead to confusion regarding the petitioner’s status.

Another issue arises when providing information about a pending case. Some individuals neglect to include the complete details regarding the current family law action, particularly the county and state where it is filed, as well as the case number. Omitting this information leaves gaps in the context of the petition, which the court may require for review.

People often misunderstand the significance of explaining why grandparent visitation is in the best interest of the child. A vague or insufficient explanation might not meet the court's expectations. It's essential to provide specific reasons and examples that clearly articulate the bond between the grandparent and child, as well as how this visitation benefits the child's well-being.

Another common mistake is not including a detailed proposed visitation schedule. Anyone filling out the form should take care to clearly outline the suggested times for visitation. If this section is left incomplete, the court may see the petition as lacking important information needed to make a ruling.

Additionally, many individuals forget to attach necessary accompanying documents, such as the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105). If this form is required for the petition but not included, it could lead to the denial of the request.

Signatures are crucial, and many forget to sign the petition or ensure that all required parties have signed it. Each petitioner must provide their printed name and signature. An unsigned petition generally cannot be processed, causing further delays in the legal proceedings.

Finally, individuals may overlook the service requirements outlined in the notice. Personal service may be necessary unless the petition is part of an existing case. Ignoring these service rules can result in procedural errors that complicate the case even further. Understanding and adhering to these requirements will ensure a smoother process for everyone involved.

Documents used along the form

The California SB 11290 form is a significant document used when grandparents seek visitation rights with their grandchildren. It is vital for those involved to be aware of other forms and documents commonly associated with this petition. Below is a list of additional documents that may complement the SB 11290 in a petition for grandparent visitation, each serving a particular purpose in the overall legal process.

  • Request for Order (FL-300): This document is often filed simultaneously with the SB 11290 form to formally request a court hearing regarding the visitation rights. It outlines the specific orders being sought and must clearly state the reasons for the request. A hearing date is usually provided for review by the court, which allows all parties to present their arguments.
  • Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): This form is essential when no family law case currently exists. It establishes the jurisdiction of the court concerning child custody matters, ensuring that the court's decisions will be recognized across state lines. Including this declaration clarifies that the case is new and not a continuation of an existing legal matter.
  • Attachment No. 1: This attachment allows the petitioner to provide additional details about any other minor children involved in the case. If there are more grandchildren for whom visitation is being sought, their names and relevant information must be included here, ensuring that all grandchild relationships are considered by the court.
  • Attachment No. 4: When explaining the bond between the grandparent and the grandchildren, this attachment serves as a crucial supporting document. It provides space for the petitioner to describe the existing relationship, offering insights that help demonstrate why visitation would be in the best interest of the children.

Understanding these supplementary documents helps create a clearer picture of the petition process. Each component plays a crucial role in presenting a comprehensive case to the court, ultimately aiming for a resolution that respects the rights and well-being of the children involved.

Similar forms

The California SB 11290 form, which is a petition for grandparent visitation, shares similarities with several other legal forms. Each of these documents serves a specific purpose within family law and often addresses issues related to custody and visitation rights. Below is a list of seven documents that are similar to the SB 11290 form:

  • Child Custody Agreement: This document outlines the terms of physical and legal custody of a child between parents, specifying each parent's rights and obligations.
  • Request for Order (FL-300): This form is used to request a court hearing to modify existing custody or visitation orders. It often accompanies petitions like the SB 11290.
  • Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): Similar in purpose, this form ensures that the court has jurisdiction over custody matters and is often submitted with petitions involving multiple jurisdictions.
  • Petition for Modification of Custody: This document requests changes to existing custody arrangements, typically initiated by a parent or guardian seeking alterations in the custody status.
  • Visitation Agreement: A cooperative document between parents that establishes visitation rights for the non-custodial parent, similar in spirit to grandparent visitation petitions.
  • Petition for Stepparent Adoption: While more complex, this form seeks legal recognition of a stepparent as a parent and raises similar considerations about child welfare and family dynamics.
  • Family Law Case Information Sheet (FL-300-INFO): Although more procedural, this document is used to summarize key details about a family law case, including custody and visitation matters, providing essential context that complements petitions like the SB 11290.

Dos and Don'ts

When filling out the California SB 11290 form, several key actions can either facilitate the process or lead to complications. Here is a list of dos and don'ts:

  • Do ensure all personal information is correct and complete.
  • Do include full names of the child(ren) and their date(s) of birth.
  • Do provide clear explanations regarding the relationship between the grandparent(s) and the child(ren).
  • Do specify the proposed visitation schedule in detail.
  • Do attach any additional required documents or forms as mentioned.
  • Don't leave any sections blank if they apply to your case.
  • Don't use vague language; be precise about visitation requests.
  • Don't forget to sign and date the petition before submission.
  • Don't submit the form without checking the spelling of names and addresses.
  • Don't attempt to file this petition without the consent of the child(ren)'s parent(s) where applicable.

Taking these steps will help ensure your petition is processed efficiently. Adhering to the necessary guidelines reflects serious consideration for the child(ren)’s best interests and supports effective communication with the court.

Misconceptions

Misunderstandings surrounding the California SB 11290 form can lead to confusion and potential delays in the legal process for grandparent visitation rights. Here are eight common misconceptions:

  • The SB 11290 form can only be filed by grandparents who are not in contact with the parents. This is not true. The form can be submitted even if there is a relationship, but it must demonstrate why visitation is in the child's best interest.
  • Filing the SB 11290 form guarantees visitation rights. This misconception can lead to disappointment. The court will consider various factors, including the parents' rights and the child's best interests, before making a decision.
  • You do not need a lawyer to file the SB 11290 form. While individuals can represent themselves, navigating family law can be complex. Having legal representation can provide valuable guidance and improve the chances of a favorable outcome.
  • Only paternal or maternal grandparents can file this petition. In reality, any grandparent, regardless of which side of the family they belong to, can seek visitation rights provided they meet the necessary criteria.
  • A previous custody ruling prevents grandparents from filing the form. This is a misconception. Grandparents can still file for visitation even if there is an existing custody order, as long as they can demonstrate the need for visitation.
  • Grandparents have automatic rights to visit their grandchildren. That is not the case. The law requires that a grandparent must show a significant relationship with the child and must prove that visitation would be in the child’s best interest.
  • The process for filing the SB 11290 form is quick and straightforward. Although the form may seem simple, the legal process that follows can be lengthy and requires careful attention to detail.
  • You don't need permission from the parents to file. Parents can contest the visitation. If one parent objects, it could create a rebuttable presumption against grandparent visitation, which complicates the situation.

Being aware of these misconceptions can help individuals better prepare for the process of seeking grandparent visitation rights and approach it more effectively.

Key takeaways

  • Understand who can file the SB 11290 form. It is designed for grandparents seeking visitation rights with their grandchildren. You must check the appropriate box indicating whether you are a maternal or paternal grandparent.

  • Clearly list the child's information. Include the names, date of birth, and details about where the child resides. If there are multiple children, be sure to attach a separate form as necessary.

  • Provide details about any ongoing custody or visitation cases. Mention the county and state where the action is pending, as well as the case number.

  • Justify why grandparent visitation is in the best interest of the child. You will need to explain the existing relationship with the child and why regular visits would benefit them.

  • Outline your proposed visitation schedule. Be specific about when and how often you want to visit, as this helps the court understand your intentions.

  • Know the service requirements. If this is a new case, you will need to serve the petition personally. If it’s filed in an existing case, certified mail is sufficient. Be aware that objections from the parents can have a significant impact on your petition.

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