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A judge can order grandparent visitation in limited cases The grandparent and grandchild have an existing bond. This bond means that it is in the best interest of the child to see their grandparents. The childs best interest to see the grandparent outweighs the parents rights to make decisions about their child.
Step 1: Open a case. Begin by opening a family law case with your countys superior court. Step 2: Complete your custody forms. Step 3: File with the court. Step 4: Serve the other parent. Step 5: File the remaining forms. Additional help with your initial filing. Preparing for what comes next.
To start a request for visitation with a grandchild through the court, the grandparent must know if there is a case open between the parents. If there is an open case, such as a divorce or parentage case, most likely the Grandparent will need to file a Joinder and Request for Order to obtain a court date.
Grandparents Visitations in CA may allow for visitation or custody when: The grandchild has been adopted by a stepparent. The child does not live with either of his or her parents. One of the parents joins the grandparents petition for visitation rights.
Under California family law a grandparent can request reasonable visitation rights when the parents divorce, even if both parents object. The facts of the U.S. Supreme Court decision which have shaped the current laws afforded to grandparents in the United States are sad and unfortunate.

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In Illinois, as long as the parents are fit and have established custody over the children, it is completely in their discretion over whether or not to allow a grandparent to visit. The law still allows for non-parents to petition the court for visitation rights, but the burden of proof is high.
Indiana has a Grandparents Right statute (Ind. Code 31-17-5-1). It allows a grandparent to seek visitation rights with their grandchild, but only in certain situations, at the discretion of the judge. Not all grandparents therefore are entitled to visitation under Indiana statute.
Gaining Custody for Grandparents The first way is through petitioning the court for custody of the grandchildren. Both parents of the child must voluntarily relinquish their parental rights to the child unless there is another issue like abuse.

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