Fresno, CA asked in Family Law for California

Q: I am an aunt petitioning for visitation for my nieces and nephew. What are the required forms?

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In California, if you are an aunt seeking visitation rights for your nieces and nephews, you will need to file specific legal forms with the court. The process starts with the filing of a petition to establish non-parental visitation. This is usually done using Form FL-300, Request for Order, along with a written declaration explaining your relationship with the children and why the visitation is in their best interest.

You might also need to complete and attach Form FL-311, Child Custody and Visitation Application Attachment, to provide detailed information about the visitation schedule you are requesting. Additionally, local forms specific to the county where the case is being filed might be required.

After filing the forms, you will receive a court date for a hearing. It's important to serve the parents with copies of the paperwork and provide proof of service to the court.

Given the complexities of family law, it may be beneficial to seek advice from an attorney. They can assist you in filling out the forms correctly and represent you in court. Remember, the court's primary concern is the best interest of the children, so it’s essential to clearly demonstrate how your involvement benefits them.

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