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SUPERIOR COURT OF CALIFORNIA COUNTY OF IMPERIAL

Completing a Petition for Grandparent Visitation

Purpose of Packet A Petition for Grandparent Visitation is used by grandparents who want to visit their grandchild(ren), but one or both parents are not permitting the visitation to occur. In order to use this process, the parents of the child must be living apart and refusing to allow visitation with the grandparents. Only visitation orders can be obtained under a Petition for Grandparent Visitation, not custody. If the grandparents want custody of the child(ren), then a Guardianship through the Probate Court may be more appropriate.

Getting Started

The following is a list of the forms you will need. Summons, form SUM-100 (A separate form for each parent will be needed) Petition for Grandparent Visitation, local form FL-15 Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), form FL-105

These instructions only apply to cases filed in Imperial County. You may only file your case in Imperial County if the child resides in Imperial County and has been residing in California for at least six months. If the child does not reside in Imperial County, or has not been in California a full six months, then Imperial County does not have jurisdiction over the child and the case will have to be filed in the County or State where the children reside.

If Imperial County does have jurisdiction over the child, the next step is to locate both of the child’s parents. Once your case is filed, copies of your forms will have to be personally served on both parents. If you do not know where one of the parents is, contact a private attorney or review the Court’s website for information on alternative methods of service.

Completing the Summons, form SUM-100

If both of the child’s natural or adoptive parents are living, you will need to complete a separate Summons for each parent.

In the upper left hand corner of the form under the words “Notice to Defendant:” print the first parent’s full name.

In the space under the words “You Are Being Sued By Plaintiff:” print your full name. If you and your spouse are both seeking visitation with your grandchild, you may file a single case. Print your spouse’s name next to your name in the space provided.

FL-15-INFO ($1.00 includes FL-15, SUM-100, Page 1 of 6 FL-330, FL-105) (Adopted 1/1/11, Last Revised 07/01/20) GRANDPARENT VISITATION