How to File a Petition for Grandparent Visitation in California

To file a petition for grandparent visitation in California, you start by identifying which section of the Family Code fits your situation — 3102 if the grandchild’s parent has died, 3103 if the parents already have an open family law case, or 3104 for a standalone petition — then file the matching forms in the county where your grandchild lives, pay the filing fee or request a waiver, arrange personal service on the parents, and attend court-ordered mediation before a judge decides whether visitation is in the child’s best interest.

The pathway you choose controls everything that follows: which forms you use, what you have to prove, and even whether you have the right to file at all. Getting this first decision right matters, because filing under the wrong section can get your petition dismissed before a judge looks at the merits.

Pick the Right Family Code Section

Three sections of the Family Code let a grandparent ask for visitation, and each applies to a different family situation.

Section 3102 applies when your adult child — the grandchild’s parent — has died. As the grandparent of the deceased parent, you can ask the court for visitation, and the judge grants it if it serves the child’s best interest. These rights end if someone other than a stepparent or another grandparent adopts the child.

Section 3103 applies when the parents already have an active court case, such as a divorce or custody dispute. Instead of starting a new case, you ask to join the one that already exists. A judge can grant reasonable visitation if it benefits the child, but if both parents agree you should not have visitation, a rebuttable presumption arises that visitation is not in the child’s best interest.¹

Section 3104 is the route most grandparents use when no parent has died and no family law case is pending. It lets you open your own case, but only if you meet the standing rules described below.²

Confirm You Have Standing Under Section 3104

If you are filing a standalone petition and the child’s parents are married and living together, you cannot file unless at least one of these six circumstances exists:²

The parents are living separately on a permanent or indefinite basis.
One parent’s whereabouts have been unknown to the other for at least one month.
One parent joins your petition.
The child does not live with either parent.
A stepparent has adopted the child.
A parent is incarcerated or involuntarily institutionalized.

If the parents are unmarried, you can file without meeting any of these conditions. But standing based on a qualifying circumstance is fragile. If the parents later reconcile and move back in together, they can ask the court to end your visitation, and the court must grant that request.²

File in the Right Court

California courts can hear your petition only if California is the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act. That generally means the child has lived here for at least six consecutive months before you file.³ If the child recently moved out of state, California may still have jurisdiction when the move happened within the past six months and a parent still lives here.

File in the county where the grandchild lives. If a family law case involving the child is already open, file in the court handling that case rather than opening a new one.

Complete and File the Correct Forms

The forms you need depend on whether you are joining an existing case or opening a new one. All forms are available on the California Courts website at no charge.⁴

Joining an Existing Family Law Case

When the parents already have a court case, you file a request to be added to it:

Notice of Motion and Declaration for Joinder (FL-371). This asks the court to let you join the case. The clerk writes in a hearing date.
Summons — Joinder (FL-375). This formally notifies the parties of your joinder request.
Declaration Under UCCJEA (FL-105). This gives the judge the child’s residential history so the court can confirm jurisdiction.

Starting a New Case

When no family law case exists, you open your own:

A Petition setting out the visitation you want and the facts supporting it.
Summons (SUM-100), which notifies the parents that a case has been filed.
Declaration Under UCCJEA (FL-105).

Once your case is open, you may also need to file a Request for Order (FL-300) to have the judge schedule a hearing on your specific visitation request.

Pay the Filing Fee or Request a Waiver

As of January 1, 2026, the filing fee for the first paper in a family law matter is $435. A later motion or order to show cause costs $60, with an additional $25 surcharge if it involves custody or visitation.⁵ Fees run slightly higher in Riverside, San Bernardino, and San Francisco counties because of local courthouse construction surcharges.

If you cannot afford the fees, submit form FW-001 (Request to Waive Court Fees) with your petition. You qualify if you receive public benefits, your income falls below the set threshold, or you cannot pay the fees while meeting basic living expenses.⁶

Serve the Parents

After you file, every parent has to be formally notified. Section 3104 petitions require personal service, meaning someone physically hands the documents to each parent.²

You cannot serve the papers yourself. The person delivering them must be at least 18 and not a party to the case. That can be a friend, a relative, a professional process server, or a county sheriff or marshal.⁷ After delivery, the server completes a Proof of Service form for each parent, and you file those with the court. Improper service is one of the most common reasons hearings get pushed back.

You also have to serve any stepparent and anyone who has physical custody of the child.

Attend Court-Ordered Mediation

Before your case reaches a judge, the court sends it to mediation. California law specifically requires mediation when a grandparent petitions for visitation.⁸ A neutral mediator from Family Court Services meets with you and the parents to try to reach a workable schedule.

One quirk to know: a parent who is not a party to the court case is not required to attend mediation, but skipping it waives that parent’s right to object to any agreement the participants reach. Court-provided mediation is typically free. Private mediators generally run $100 to $500 per hour. An agreement in mediation ends the case without a contested hearing.

Prove Your Case at the Hearing

If mediation does not settle the case, a judge decides it. Under section 3104, the court must make two findings before ordering visitation.²

First, that you already have a bonded relationship with your grandchild and continuing it is in the child’s best interest. Courts look for a pattern of regular involvement: babysitting, school events, holiday traditions, overnight stays, video calls. Visits once or twice a year rarely establish the bond the statute contemplates. Declarations from teachers, coaches, or family friends who have seen the relationship firsthand can strengthen the case.

Second, that the benefit of your relationship outweighs the parents’ right to make decisions about their child’s upbringing. This is not a tiebreaker that favors grandparents. Courts take parental authority seriously.

If a protective order has ever been issued against you, the judge must also decide whether the child’s best interest requires denying visitation entirely.²

Understand the Presumptions If Parents Object

Two presumptions can work against you. If both parents agree you should not have visitation, the law presumes they are right, and you carry the burden of proving denial would harm the child rather than merely showing that visits would be pleasant. A separate presumption arises when one parent has sole legal and physical custody and objects; that objection alone triggers the presumption against visitation.²

These presumptions trace to the U.S. Supreme Court’s decision in Troxel v. Granville, which held that courts must give “special weight” to a fit parent’s determination of what is best for their child.⁹ In practice, overcoming them usually takes evidence of a deep, longstanding bond together with proof that cutting off contact would cause real emotional harm to the child. Expert testimony from a child psychologist can help, though it adds significant cost.

What Happens After the Order

If the judge grants visitation, the order specifies frequency, duration, and any conditions. The order is enforceable, and a parent who refuses to comply can be held in contempt through an Order to Show Cause and Affidavit for Contempt. Penalties escalate with repeat violations, and make-up visitation time and attorney’s fees are additional remedies a judge can order.¹⁰

Orders can also change. Under section 3104, if the qualifying circumstance that gave you standing disappears — the parents reconcile, for instance — the parents can ask the court to terminate visitation and the court must grant it.² Either side can also seek a modification based on a substantial change in circumstances affecting the child’s best interest.

What It Costs and Where To Get Help

Filing fees are a small part of the total. Family law attorneys in California typically charge $200 to $450 or more per hour, and a contested case can run for months. Custody evaluators, expert witnesses, and private mediators add to the bill. Many grandparents spend several thousand dollars before a hearing takes place.

If you cannot afford a lawyer, the California Courts self-help center provides free guidance on completing forms and moving through the process. Some county courthouses have family law facilitators who can walk you through procedural steps, though they cannot give legal advice or represent you. Local legal aid organizations sometimes offer reduced-fee or pro bono help.

The strongest petitions share the same features: consistent, documented involvement in the child’s life; evidence of a real emotional attachment; and a concrete showing that ending contact would harm the child rather than simply disappoint you. Gathering that evidence before you file gives you the best chance of walking out of court with an order.

1
California Legislative Information. California Code Family Code FAM 3103
2
California Legislative Information. California Code FAM 3104 – Visitation Rights
3
California Legislative Information. California Code Family Code FAM 3421
4
California Courts. Start Your Case for Grandparents Visitation
5
Superior Court of California. Statewide Civil Fee Schedule Effective January 1, 2026
6
California Courts. Request to Waive Court Fees (FW-001)
7
California Courts. Serving Court Papers
8
Justia Law. California Family Code 3170-3173
9
Justia. Troxel v. Granville, 530 U.S. 57 (2000)
10
California Legislative Information. California Code of Civil Procedure 1218