Start your case for grandparents visitation

If there is already a California court case about the custody of your grandchild, then you file papers to ask to join that case and ask for a court date. Typically, a child custody case is a family law case. For example, a divorce case between your grandchild's parents. 

The California county court where the case was filed will have a record. You can call or try to look up a case online. Some custody cases are confidential, others, like a divorce, you may be able to look up online. If you find there is a case, get the case number. You'll use that case number when you file the papers.

If there isn't a case for you to join, you will need to start one. 

Create a Petition

You need to create a Petition to either start or join a case (called joinder). There is not a statewide court form for this type of case. But, your local county court may have a template you can use.

• Contact your court to see if they have a form or template you can use.
• If not, a law library may be able to help or a lawyer.

The rest of the forms you need depend on whether you're starting a case or joining one.

If you're starting a case

Along with your Petition, you'll need to fill out

• Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)
• Summons (form SUM-100)

If you're joining a case

Along with your Petition for Joinder, you'll need to fill out

• Declaration under Uniform Child Custody Jurisdiction and Enforcement Act (form FL-105)
• Summons (Joinder)(form FL-375)

• Notice of Motion and Declaration for Joinder (form FL-371). The clerk will write in a court date when a judge will decide if you can join the case. 

You will need to ask for a court date so a judge can make a decision about visitation. Fill out a

• Request for Order (form FL-300)

In your request, you will need to describe your existing relationship with your grandchild. For a judge to order visitation, they will need to find you and the grandchild have an existing bond.

You can attach a Child Custody and Visitation (Parenting Time) Application Attachment (form FL-311) to describe the exact visitation schedule you want. 

Make a copy all all the papers for yourself and the parents (or anyone who has custody of the child). The court will keep th original. 

So, if there are 2 parents, you will need to make 3 copies. 

If you joined a case, file papers in the court where that case is.

If you start your own case, file in the county where your grandchild lives.

Find a court address

To file your forms with the court, give the original and the 2 copies to the court clerk. The clerk will keep the original and will stamp the copies and return them to you. 

The clerk will write a court date on your Form FL-300. If you asked to join a case, you'll also get a court date on your Form FL-371.

You will need to pay a fee when you file the papers. Typically around $435.00, plus another $60.00 for your court date. If you can't afford this fee, you can ask for a fee waiver.