California
CA recognizes grandparent visitation rights per section 3104 of the Family Code, whch provides:
(a) On petition to the court by a grandparent of a minorchild, the court may grant reasonable visitation rights to thegrandparent if the court does both of the following: (1) Finds that there is a preexisting relationship between thegrandparent and the grandchild that has engendered a bond such thatvisitation is in the best interest of the child. (2) Balances the interest of the child in having visitation withthe grandparent against the right of the parents to exercise theirparental authority. (b) A petition for visitation under this section may not be filedwhile the natural or adoptive parents are married, unless one or moreof the following circumstances exist: (1) The parents are currently living separately and apart on apermanent or indefinite basis. (2) One of the parents has been absent for more than one monthwithout the other spouse knowing the whereabouts of the absentspouse. (3) One of the parents joins in the petition with thegrandparents. (4) The child is not residing with either parent. At any time that a change of circumstances occurs such that noneof these circumstances exist, the parent or parents may move thecourt to terminate grandparental visitation and the court shall grantthe termination. (c) The petitioner shall give notice of the petition to each ofthe parents of the child, any stepparent, and any person who hasphysical custody of the child, by personal service pursuant toSection 415.10 of the Code of Civil Procedure. (d) If a protective order as defined in Section 6218 has beendirected to the grandparent during the pendency of the proceeding,the court shall consider whether the best interest of the childrequires that any visitation by that grandparent should be denied. (e) There is a rebuttable presumption that the visitation of agrandparent is not in the best interest of a minor child if thenatural or adoptive parents agree that the grandparent should not begranted visitation rights. (f) There is a rebuttable presumption affecting the burden ofproof that the visitation of a grandparent is not in the bestinterest of a minor child if the parent who has been awarded solelegal and physical custody of the child in another proceeding or withwhom the child resides if there is currently no operative custodyorder objects to visitation by the grandparent. (g) Visitation rights may not be ordered under this section ifthat would conflict with a right of custody or visitation of a birthparent who is not a party to the proceeding. (h) Visitation ordered pursuant to this section shall not create abasis for or against a change of residence of the child, but shallbe one of the factors for the court to consider in ordering a changeof residence. (i) When a court orders grandparental visitation pursuant to thissection, the court in its discretion may, based upon the relevantcircumstances of the case: (1) Allocate the percentage of grandparental visitation betweenthe parents for purposes of the calculation of child support pursuantto the statewide uniform guideline (Article 2 (commencing withSection 4050) of Chapter 2 of Part 2 of Division 9). (2) Notwithstanding Sections 3930 and 3951, order a parent orgrandparent to pay to the other, an amount for the support of thechild or grandchild. For purposes of this paragraph, "support" meanscosts related to visitation such as any of the following: (A) Transportation. (B) Provision of basic expenses for the child or grandchild, suchas medical expenses, day care costs, and other necessities. (j) As used in this section, "birth parent" means "birth parent"as defined in Section 8512.
After your son's 30 days, his rights would be reinstated unless the court determines that it would be in the best interest of the child for his visitation/custody to be suspended pending re-evaluation at some point in the future.
After his 30 days, he is still a resident, and only has 12 to 24 hours a week for visits of any kind. If he is not capable (being he is a resident in rehab) should we still file a petition for visitation rights to ensure that the father gets to see his daughter during those 12 to 24 hour periods?
Yes. I am also worried that he won't be able to see his daughter until the mediation date set for December. I also, want to know if I can call the mother without jepeordizing the father and ask to see the baby once a week for a few hours during his 30 day black out. We are the baby's only link to her dad.
Unless there is a visitation order in place, the mother would not have to bring the child to the rehab facility to visit the child unless there is a court order for her to do so, which may not be granted because it could have a negative affect on the child. Even if there is a visitation order in place, it would likely require judicial intervention to compel the mother to bring the child to the father while he is in rehab.
You can however call the mother without jeopardizing the father and arrange to visit the child as grandparents. If the mother is unwilling, you can petition the court for visitation.
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