The California SB 11290 form is a legal document used to petition for grandparent visitation rights. It allows grandparents to request court-ordered visitation with their grandchildren under specific circumstances. If you need to fill out this form, please click the button below to get started.
In California, the SB 11290 form plays a crucial role in facilitating grandparent visitation rights. This form is specifically designed for grandparents who wish to petition the court for visitation with their grandchildren. It outlines essential details such as the names and addresses of the parties involved, including the petitioner, respondent, and the child or children in question. The form requires the petitioner to clarify their relationship to the child, whether they are a maternal or paternal grandparent, and to provide information about any ongoing custody or visitation cases. Additionally, it asks for the reasons behind the request for visitation, emphasizing the importance of the grandparent-grandchild bond. The petitioner must also propose a visitation schedule that they believe serves the child's best interests. Importantly, the form includes a section for the parent’s consent, which is critical in these cases, as the court must consider both the rights of the parents and the best interests of the child. Overall, the SB 11290 form is a vital tool for grandparents seeking to maintain or establish meaningful relationships with their grandchildren, ensuring that their voices are heard in family court.
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
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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).)
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Filling out the California SB 11290 form is an essential step for petitioning for grandparent visitation rights. This process involves providing detailed information about the petitioner, the minor child, and the circumstances surrounding the request. Following these steps carefully will ensure that the form is completed accurately and submitted correctly.
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 request the court for visitation with their grandchildren under specific circumstances, particularly when they have an established relationship with the child and believe that visitation is in the child's best interest. This form is essential for initiating the legal process to secure these visitation rights.
Who can file the SB 11290 form?
Grandparents can file the SB 11290 form. The petitioner must be either the maternal or paternal grandparent of the minor child. In some cases, the petition can also be filed jointly with one of the child's parents, provided that parent agrees to the petition.
What information is required on the SB 11290 form?
The form requires various details, including the names and addresses of the grandparents, the child, and the parents. It also asks for information about any existing custody or visitation cases, the nature of the relationship between the grandparent and the child, and a proposed visitation schedule. Additionally, the form may require attachments that provide further information or documentation supporting the petition.
What are the grounds for filing a petition for grandparent visitation?
Several grounds can justify filing the petition. These include situations where the parents are not married, divorced, or living separately. Other grounds include one parent being absent, the child not residing with either parent, or the child having been adopted. The form allows the petitioner to mark applicable reasons for seeking visitation rights.
How does the court decide on grandparent visitation requests?
The court evaluates the best interests of the child when considering grandparent visitation requests. Factors include the existing relationship between the grandparent and the child, the parents' views on visitation, and any potential impact on the child's well-being. If both parents agree that visitation is not in the child's best interest, this can significantly influence the court's decision.
Is there a need for a hearing after filing the SB 11290 form?
What happens if the parents object to grandparent visitation?
If the parents object to the grandparent visitation, the court will consider their objections seriously. A rebuttable presumption against visitation is created if the parent with sole custody or both parents agree that visitation is not in the child's best interest. The court will weigh these objections against the potential benefits of visitation for the child.
How is service of the petition handled?
Filling out the California SB 11290 form can be a daunting task. Many people make common mistakes that can lead to delays or complications in the process. One frequent error is neglecting to provide complete information in the party without attorney section. Missing details like the name, address, or telephone number can hinder communication with the court.
Another mistake occurs when individuals fail to specify the correct relationship to the child. It is crucial to clearly indicate whether the petitioner is a maternal or paternal grandparent. Incomplete or inaccurate identification can cause confusion and may result in the rejection of the petition.
Some people forget to include the case number of any pending child custody actions. This information is essential for the court to understand the context of the petition. Omitting this detail can lead to unnecessary delays in processing the request.
Additionally, many individuals do not adequately explain why grandparent visitation is in the best interest of the child. Providing a thorough explanation strengthens the case and helps the court understand the significance of the relationship between the grandparent and the child.
Another common oversight is not detailing the proposed visitation schedule. A vague or incomplete schedule can leave the court with unanswered questions about how visitation will work. Clear and specific suggestions are vital for the court's consideration.
Some petitioners mistakenly believe they can submit the form without the required attachments. If there are additional children or specific details that need to be included, ensure that all necessary forms are attached. Failing to do so can lead to a denial of the petition.
Many individuals also overlook the necessity of filing a Request for Order concurrently. This step is crucial for setting a hearing date. Without this request, the petition may not progress as intended.
Signing the form is another area where errors frequently occur. Petitioner signatures must be clear and correctly dated. Incomplete or incorrect signatures can invalidate the petition.
Finally, some people neglect to provide service of process information. Understanding the requirements for personal service or certified mail is essential. Missing this step can result in delays and complications in the legal process.
By being mindful of these common mistakes, individuals can improve their chances of successfully navigating the California SB 11290 form process. Attention to detail and thoroughness are key to ensuring that the petition is processed smoothly.
When navigating the process of filing a petition for grandparent visitation in California, several other forms and documents often accompany the California SB 11290 form. Each of these documents serves a specific purpose and helps ensure that all necessary information is provided to the court. Here’s a brief overview of some commonly used forms:
Understanding these additional forms can significantly streamline the process of filing for grandparent visitation. Each document plays a vital role in presenting a comprehensive case to the court, ultimately helping to secure the best possible outcome for the child(ren) involved.
When filling out the California SB 11290 form for a petition for grandparent visitation, it's crucial to follow specific guidelines to ensure your submission is correct and complete. Here are five important dos and don'ts to keep in mind:
Following these guidelines can significantly impact the outcome of your petition. Take the time to review your form before submission to ensure all details are correct and complete.
Understanding the California SB 11290 form can be challenging. Here are nine common misconceptions that people often have about this legal document.
By clarifying these misconceptions, individuals can better navigate the process of filing the California SB 11290 form.
When filling out and using the California SB 11290 form for grandparent visitation, consider the following key takeaways:
Each of these steps is vital for ensuring that your petition is properly submitted and considered by the court. Take the time to complete each section thoroughly and accurately.