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The California SB 11290 form serves as a vital tool for grandparents seeking visitation rights with their grandchildren. This form is specifically designed for situations where grandparents wish to petition the court for visitation privileges, particularly when the relationship with the child's parents may be complex or strained. It requires the petitioner to identify their relationship to the child, whether as a maternal or paternal grandparent, and to provide pertinent details about the child, such as their name and date of birth. Additionally, the form prompts the petitioner to disclose any ongoing legal actions related to child custody and visitation, ensuring that the court is aware of any existing family law cases. Essential to the process, the petitioner must articulate the reasons for seeking visitation, emphasizing the emotional bond between the grandparent and the child, and propose a visitation schedule that they believe serves the child's best interests. The form also includes a section for a parent’s consent, which can significantly influence the court's decision regarding visitation rights. Furthermore, it outlines the necessary steps for service of the petition, ensuring that all parties are properly notified. Overall, the SB 11290 form encapsulates the legal framework surrounding grandparent visitation in California, balancing the rights of grandparents with the best interests of the child.

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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

➤ PDF File

Form Specifications

Fact Name Details
Form Title Petition for Grandparent Visitation
Governing Law California Family Code, §§3100-3104
Form Number SB-11290
Purpose This form allows grandparents to petition for visitation rights with their grandchildren.
Eligibility The petitioner must be a grandparent of the minor child(ren) listed in the petition.
Pending Actions The form requires disclosure of any ongoing child custody or visitation cases.
Preexisting Relationship The petitioner must demonstrate a bond with the child(ren) to support the request for visitation.
Visitation Schedule The petitioner must propose a visitation schedule as part of the petition.
Service Requirements Personal service is required unless filed in an existing case, where certified mail may suffice.
Notice of Rights The court balances the child's interests against parental rights, creating a rebuttable presumption against visitation.

California Sb 11290: Usage Guidelines

Filling out the California SB 11290 form requires careful attention to detail. This form is essential for petitioning for grandparent visitation rights. Ensure all information is accurate and complete to avoid delays in processing your request.

  1. Party Information: Fill in your details as the party without an attorney or provide your State Bar number if applicable. Include your name, firm name (if applicable), street address, city, state, zip code, telephone number, fax number, and email address.
  2. Attorney Information: If you are represented by an attorney, include their name and contact information in the designated section.
  3. Court Information: Provide the street address and mailing address of the Superior Court of California, County of San Bernardino. Include the branch name.
  4. Petitioner and Respondent Information: List the names of the petitioner, respondent, and any other parent or party involved in the case.
  5. Case Number: Enter the case number associated with the existing action regarding child custody and visitation.
  6. Petitioner’s Relationship to Child: Indicate whether you are the maternal or paternal grandparent and specify your relationship to the minor child or children.
  7. Child Information: List the names and dates of birth of the minor child or children. Include the name of the person the child lives with and their county of residence. If there are additional children, note that on an attachment.
  8. Pending Action: State the county and state where the action is pending and the case number. Indicate if a judgment has been entered or if none has been entered.
  9. Reasons for Petition: Mark all applicable reasons for bringing the petition forward regarding the parents' marital status or custody situation.
  10. Existing Relationship: Describe the existing relationship and bond between the grandparent and the child or children. Explain why visitation is in the best interest of the child.
  11. Proposed Visitation Schedule: Outline your proposed visitation schedule for the child or children. Be as detailed as possible.
  12. Declaration Submission: If applicable, indicate that a completed Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) form is submitted.
  13. Request for Court Relief: State your request for reasonable visitation and any other relief you believe is appropriate.
  14. Signature Section: Sign and date the form. Include your printed name and, if applicable, the signature of the parent consenting to the petition.
  15. Service Requirements: Understand that personal service is required unless this petition is filed in an existing case, in which case certified mail is necessary.

After completing the form, ensure that all necessary attachments are included and that you have made copies for your records. It is crucial to file the petition with the court and serve it to the relevant parties promptly. Following these steps will help facilitate the process of seeking grandparent visitation rights.

Your Questions, Answered

What is the California SB 11290 form used for?

The California SB 11290 form is a petition for grandparent visitation rights. It allows grandparents to seek legal visitation with their grandchildren when certain conditions are met. This form is particularly relevant in cases where the parents are separated, divorced, or otherwise unable to facilitate grandparent visits. The aim is to ensure that grandchildren maintain meaningful relationships with their grandparents, which can be beneficial for their emotional and psychological well-being.

Who can file the SB 11290 form?

The form can be filed by either a maternal or paternal grandparent of the minor child or children. The petitioner must demonstrate a significant relationship with the child and provide reasons why visitation is in the child's best interest. Additionally, the form allows for joint petitions, meaning that a parent can also sign alongside the grandparent to support the visitation request.

What information is required to complete the form?

To complete the SB 11290 form, you will need to provide personal information such as your name, address, and contact details. You must also include details about the child, including their name and date of birth, as well as information about the child's living arrangements and the other parent. Furthermore, you'll need to explain the reasons for seeking visitation and outline a proposed visitation schedule.

What are the grounds for filing a petition for grandparent visitation?

Grounds for filing the petition include situations where the parents are not married, are divorced, or are living separately. It may also apply if one parent is absent, incarcerated, or if the child has been adopted by a stepparent. The form requires the petitioner to mark all applicable reasons and provide supporting details for the request.

What happens after the form is submitted?

Once the SB 11290 form is submitted, the court will review the petition. If necessary, a hearing may be scheduled to discuss the visitation request. It is important to note that the court will consider the best interests of the child when making a decision. The petitioner may also need to serve the other parent with notice of the petition, following specific service requirements outlined in the law.

Is the consent of the parents required for grandparent visitation?

While parental consent is not strictly necessary to file the petition, it can significantly influence the court's decision. If both parents agree that visitation is in the best interests of the child, this may strengthen the case for the grandparent. Conversely, if one parent objects, the court may be less inclined to grant visitation rights.

What should I do if I need help with the form?

If you need assistance with the SB 11290 form, consider reaching out to legal aid organizations or family law attorneys who specialize in custody and visitation issues. They can provide guidance on how to complete the form accurately and advise you on the best steps to take based on your specific situation. Additionally, many courts have self-help centers that offer resources and support for individuals navigating the legal system.

Common mistakes

  1. Incomplete Information: Many individuals fail to fill out all required fields. Missing details such as the case number, names of the parties involved, or contact information can delay the process.

  2. Incorrect Selection of Relationship: It's crucial to accurately indicate whether the petitioner is a maternal or paternal grandparent. Mislabeling this relationship can lead to confusion and potential rejection of the petition.

  3. Failure to Explain Best Interests: The form asks for an explanation of why grandparent visitation is in the best interest of the child. Many forget to provide this critical information, which is essential for the court's consideration.

  4. Not Including Attachments: If there are additional children or relevant documents, failing to attach them can result in an incomplete submission. It's important to reference and include all necessary attachments as indicated on the form.

  5. Signature Errors: Signatures must be clear and complete. Some people neglect to sign the form or forget to have the necessary parties, like the parent, sign as well. This oversight can render the petition invalid.

Documents used along the form

When filing the California SB 11290 form, which is the petition for grandparent visitation, there are several other forms and documents that may be helpful or necessary to include. Each of these documents serves a specific purpose in the legal process, ensuring that all relevant information is presented to the court. Below is a list of commonly used forms that accompany the SB 11290.

  • Request for Order (FL-300): This form is filed when a party wishes to request a hearing date regarding a specific issue in the case. It is essential for moving the case forward and can address various matters, including visitation and custody.
  • Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): This declaration is used to establish the jurisdiction of the court over child custody matters. It is particularly important if there is no existing family law case, as it helps the court understand where the child has been living and the circumstances surrounding custody.
  • Attachment to Petition for Grandparent Visitation: This attachment is used to provide additional details regarding the relationship between the grandparent and the child, as well as any proposed visitation schedules. It allows for a more comprehensive understanding of the situation.
  • Child Custody and Visitation Order (FL-340): This order outlines the specific terms of custody and visitation arrangements. It is crucial for formalizing agreements made in court and ensuring that all parties are clear on their rights and responsibilities.
  • Notice of Hearing (FL-300-INFO): This document informs all parties involved of the hearing date and provides details about what will be discussed. It is important for ensuring that everyone has the opportunity to attend and present their case.
  • Proof of Service (FL-335): This form is used to confirm that all necessary documents have been properly served to the other parties involved in the case. It ensures that everyone is aware of the proceedings and can participate as needed.
  • Response to Petition (FL-320): If the other parent or party wishes to respond to the petition for grandparent visitation, this form is used. It allows them to present their side of the case and any objections they may have.

Understanding these forms and their purposes can make the process smoother and more efficient. Each document plays a vital role in ensuring that the court has all the necessary information to make informed decisions regarding grandparent visitation rights. Always consider consulting with a legal professional if you have questions or need guidance on completing these forms.

Similar forms

The California SB 11290 form, which pertains to petitions for grandparent visitation, shares similarities with several other legal documents. Here’s a list of ten documents that are comparable, along with explanations of how they relate to the SB 11290 form:

  • Petition for Custody (FL-300): Like the SB 11290 form, this document initiates a request to the court regarding child custody. Both forms require details about the child and the parties involved.
  • Request for Order (FL-300): This form is often filed alongside the SB 11290 to request a hearing date. It serves a similar purpose in seeking court intervention regarding family law matters.
  • Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105): This document is used to establish jurisdiction in custody cases, similar to how the SB 11290 addresses jurisdiction when no existing case is present.
  • Petition for Visitation (FL-320): This form allows parents or guardians to request visitation rights, much like the SB 11290, which focuses specifically on grandparent visitation rights.
  • Response to Petition (FL-320): This document is filed by the other party in response to a visitation petition, paralleling the SB 11290 process where responses may be necessary.
  • Child Custody and Visitation Agreement: This agreement outlines the terms of custody and visitation, akin to the visitation schedule described in the SB 11290 form.
  • Notice of Hearing: This document informs parties of a scheduled court hearing, similar to the notice requirements in the SB 11290 regarding service of the petition.
  • Child Support Order (FL-150): While focused on financial support, this document is often filed in conjunction with custody and visitation petitions, including the SB 11290.
  • Petition for Modification of Custody (FL-300): This form is used to request changes to existing custody arrangements, similar to how the SB 11290 seeks to establish or modify grandparent visitation rights.
  • Application for Order to Show Cause (FL-410): This document requests the court to order a party to appear and explain why a certain action should not be taken, reflecting the court's role in addressing disputes in the SB 11290 process.

Each of these documents plays a role in family law and shares common elements with the SB 11290 form, particularly in terms of initiating legal proceedings and addressing the rights and responsibilities of family members.

Dos and Don'ts

When filling out the California SB 11290 form, it is crucial to follow specific guidelines to ensure your petition is processed correctly. Here are nine things you should and shouldn't do:

  • Do provide accurate personal information, including your name, address, and contact details.
  • Don't leave any sections blank unless instructed. Every part of the form must be completed.
  • Do clearly identify your relationship to the child(ren) in the appropriate section.
  • Don't use vague language when explaining the reasons for your petition. Be specific and detailed.
  • Do attach any necessary additional documents, such as the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105).
  • Don't forget to sign and date the form. Incomplete signatures can delay processing.
  • Do provide a proposed visitation schedule that is reasonable and clear.
  • Don't submit the form without reviewing it for errors. Double-check all entries.
  • Do ensure that you understand the service requirements for delivering the petition to the other parties involved.

Misconceptions

There are several misconceptions surrounding the California SB 11290 form, which is used for petitions regarding grandparent visitation. Here’s a clear look at some of these misunderstandings:

  • Misconception 1: The form is only for grandparents of children whose parents are divorced.

    • This is not true. The form can be used by grandparents regardless of the marital status of the parents. It applies in cases where parents are married, divorced, or even when one parent is absent.

  • Misconception 2: Grandparents automatically get visitation rights if they file this petition.

    • Filing the petition does not guarantee visitation. The court must determine whether visitation is in the best interest of the child, balancing it against the rights of the parents.

  • Misconception 3: The petition can be filed without any existing custody case.

    • This form can initiate a new matter or be filed in conjunction with an existing case. If no existing case is present, a specific declaration must accompany the petition.

  • Misconception 4: Only one grandparent can file the petition.

    • Both grandparents can join in the petition. The form allows for signatures from multiple petitioners, strengthening the case for visitation.

  • Misconception 5: The proposed visitation schedule is optional.

    • Providing a proposed visitation schedule is crucial. It helps the court understand the desired arrangement and assess its feasibility.

  • Misconception 6: The court will always prioritize the grandparents' wishes over the parents' rights.

    • The court prioritizes the child's best interests. If the parents object to visitation, the court will weigh their rights heavily in its decision.

  • Misconception 7: Personal service is not necessary if the petition is filed in an existing case.

    • Even in existing cases, personal service is required unless specified otherwise. Proper service ensures all parties are informed and can respond accordingly.

Key takeaways

Filling out the California SB 11290 form is an important step for grandparents seeking visitation rights. Here are some key takeaways to consider:

  • Identify Yourself: Clearly state your name, address, and contact information at the top of the form.
  • Relationship to Child: Specify whether you are the maternal or paternal grandparent of the child.
  • Current Legal Actions: Indicate if there is an ongoing custody case involving the child.
  • Reason for Petition: Mark all applicable reasons for seeking visitation, such as parental divorce or separation.
  • Existing Relationship: Describe the bond you have with the child and why visitation is in their best interest.
  • Proposed Schedule: Outline your suggested visitation times and any relevant details.
  • Consent from Parents: If applicable, ensure that the child's parent consents to the petition.
  • Service Requirements: Remember that personal service is required unless the petition is part of an existing case.

Completing this form accurately and thoroughly can help facilitate a smoother process in seeking visitation rights.