The California SB 11290 form is a legal document used to petition for grandparent visitation rights in the state of California. This form allows grandparents to request visitation with their grandchildren under specific circumstances, particularly when the child's parents are separated or divorced. Completing this form is an important step for grandparents seeking to maintain a relationship with their grandchildren.
If you are ready to fill out the form, please click the button below.
The California SB 11290 form is an essential document for grandparents seeking visitation rights with their grandchildren. This form serves as a petition for grandparent visitation, allowing grandparents to formally request the court's permission to visit their grandchildren under specific circumstances. It requires the petitioner to provide detailed information, such as their relationship to the child, the current custody situation, and the reasons for seeking visitation. Key elements include the identification of the child or children involved, the circumstances surrounding the parents' relationship, and the proposed visitation schedule. Additionally, the form addresses the necessity of a preexisting bond between the grandparents and the grandchildren, emphasizing the importance of this relationship in the eyes of the court. Importantly, the petition must be accompanied by a declaration under the Uniform Child Custody Jurisdiction and Enforcement Act if there is no existing family law case. The form also outlines the process for service, ensuring that all relevant parties are notified. Ultimately, the SB 11290 form aims to facilitate a legal pathway for grandparents to maintain meaningful connections with their grandchildren, while balancing the rights of the parents involved.
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
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
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
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
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.
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).)
Page 2 of 2
Completing the California SB 11290 form is an important step in pursuing grandparent visitation rights. After filling out this form, you will need to submit it to the appropriate court and ensure that all parties involved are properly notified.
The California SB 11290 form is used to petition for grandparent visitation rights. Grandparents can file this petition when they seek to establish or maintain a relationship with their grandchildren. The form helps outline the reasons for the visitation request, the relationship between the grandparent and the child, and the proposed visitation schedule. It is essential for grandparents to demonstrate that visitation is in the best interest of the child.
The form can be filed by grandparents, either maternal or paternal, who wish to seek visitation rights. To qualify, the grandparent must show that they have a significant relationship with the child and that visitation is necessary for the child's welfare. Additionally, if the parents are divorced or not married, this may strengthen the case for visitation.
The form requires several pieces of information, including:
Additionally, the form asks for any relevant case numbers if there is an ongoing custody case.
Once the form is filed, the court will review the petition. A hearing may be scheduled where both the grandparent and the parents can present their arguments. The court will consider the best interests of the child, balancing them against the rights of the parents. If the parents object to the visitation, the court will take that into account.
Incomplete Information: Many individuals forget to fill out all required fields. Essential details like the case number, names of the child(ren), or the petitioner’s contact information can be overlooked. This can lead to delays in processing the petition.
Incorrect Selection of Options: Selecting the wrong options when indicating the relationship to the child(ren) is a common mistake. For instance, a petitioner might mistakenly mark “paternal” instead of “maternal,” which can create confusion regarding their standing in the case.
Failure to Attach Necessary Documents: Not including required attachments, such as the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105), can lead to the petition being rejected. It’s important to ensure all supplementary forms are completed and submitted.
Not Providing Sufficient Explanation: When explaining why grandparent visitation is in the best interest of the child, some petitioners may provide vague or incomplete reasoning. Clear, detailed explanations help the court understand the importance of the request.
The California SB 11290 form is crucial for grandparents seeking visitation rights. However, it often accompanies several other forms and documents that help clarify and support the petition. Below is a list of commonly used documents in conjunction with the SB 11290 form.
Each of these documents plays a vital role in the grandparent visitation process. They collectively help establish a clear understanding of the situation, ensuring that the court can make informed decisions that prioritize the best interests of the child.
The California SB 11290 form is similar to the Request for Order (FL-300) form, which is used to ask the court for specific orders related to family law matters. Like the SB 11290, the FL-300 allows individuals to outline their requests clearly and provides a structured format for presenting their case to the court. Both forms require detailed information about the parties involved and the circumstances surrounding the request. While the SB 11290 focuses specifically on grandparent visitation rights, the FL-300 can address a broader range of family law issues, such as custody, support, and visitation modifications.
Another document that shares similarities with the SB 11290 is the Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105). This form is often used in conjunction with the SB 11290 when there is no existing family law case. Both documents aim to establish jurisdiction and provide necessary context for the court regarding the child's living situation and the relationships involved. The FL-105 form helps clarify where the child has lived and the legal context surrounding custody, which is crucial for the court's decision-making process in visitation cases.
The Child Custody and Visitation Order (FL-340) is also comparable to the SB 11290. This form is utilized by the court to outline the specific terms of custody and visitation arrangements once a decision has been made. Similar to the SB 11290, the FL-340 emphasizes the best interests of the child. Both documents require the parties to provide information about the child's needs and the proposed visitation schedule, ensuring that the court has a comprehensive understanding of the situation before making a ruling.
The Petition for Modification of Custody (FL-300) is another document that bears resemblance to the SB 11290. This form is used when one party seeks to change an existing custody order. Like the SB 11290, it requires the petitioner to explain the reasons for the requested change and how it aligns with the child's best interests. Both forms focus on the dynamics of the family situation and the impact of any changes on the child's well-being, highlighting the importance of stability and continuity in the child's life.
The Notice of Hearing (FL-320) is also relevant, as it informs the involved parties of the date and time of the court hearing related to their petitions. Similar to the SB 11290, the FL-320 ensures that all parties are aware of the proceedings and can prepare accordingly. Both documents underscore the importance of communication and transparency in family law matters, helping to facilitate a fair process for everyone involved.
Lastly, the Family Law Case Cover Sheet (FL-300) serves a similar purpose in terms of providing essential information about the case to the court. This form is typically filed at the beginning of a family law case and includes details such as the names of the parties, the nature of the case, and any related case numbers. Like the SB 11290, the FL-300 is designed to streamline the court's understanding of the case and ensure that all relevant information is readily available for the judge's review.
When filling out the California SB 11290 form, it is essential to follow certain guidelines to ensure your submission is accurate and effective. Here are five things you should and shouldn't do:
By adhering to these guidelines, you can help ensure a smoother process in your petition for grandparent visitation. If you have any questions about the form, consider seeking assistance to clarify any uncertainties.
This form does not automatically grant visitation rights. Instead, it initiates a legal process where the court will assess the best interests of the child. The court will consider various factors, including the parents' opinions and the child's needs.
While the form is designed for grandparents seeking visitation, it can also be filed by other relatives in certain situations. The key requirement is demonstrating a significant relationship with the child and a compelling reason for visitation.
Although having one parent's consent can strengthen a petition, the court still weighs the objections of the other parent heavily. If the other parent opposes visitation, the court may deny the request, regardless of the consenting parent's wishes.
This form can be used to start a new case if no existing family law matter is pending. However, if there is an ongoing case, the petition must be filed in that context, and proper service must be completed according to the law.
Filling out the California SB 11290 form for grandparent visitation can seem daunting, but understanding the key points can simplify the process. Here are some important takeaways:
These takeaways highlight the essential components of the SB 11290 form. Proper completion and understanding of the requirements can significantly impact the outcome of a grandparent visitation request.
Fill Out Your California Sb 11290 Template