Grandparent Visitation Rights in California

In certain circumstances, grandparents can petition the court to have visitation rights with their grandchildren. Three statutes address grandparent visitation: Family Code sections, 3100, 3102, 3103, and 3104. Section 3102 allows grandparents to seek visitation  when the parents of the children are deceased. Section 3103 allows grandparents to seek visitation prior to a final divorce between the parents or during a custody proceeding. Section 3104 permits grandparents to seek visitation after a judgment dissolving the marriage has been entered and awarding sole custody to one parent. Any time a grandparent petitions the court with a request for visitation, the court must weigh that request with the parents’ constitutional right to decide with whom their children will associate.

 

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as grandparent visitation or a dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

 

T-LawLogo only

 

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

 

Please note that this legal advice does not establish a family law attorney-client relationship.
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Setting Aside Judgments in Divorce Actions

It is possible that a party to a divorce action can set aside a judgment. In order to set aside the judgment, the party must prove that he or she has a valid reason to set aside the judgment. The easiest way to obtain a set aside is by filing a motion within six months of the judgment based upon mistake, inadvertence, surprise, or neglect. However, even if the party can prove the allegations, the longer he or she waits to file the motion, the less likely the court is to set aside the judgment on these grounds. There are other circumstances for a set aside.

Family Code sections 2122(a) and (b) allows a party to set aside a judgment within one year of finding actual fraud or perjury. Setting aside under this statute is based on finding perjury or actual fraud, and the clock runs from the time that the perjury or fraud was discovered or should have been discovered.

Family Code sections 2122( c) and (d) allows a judgment to be set aside after two years of the judgment if there is a finding of duress or mental incapacity.

Family Code sections 2122 (e) and (f) are the final sections for setting aside the judgment and they require stipulated judgments or uncontested judgments to be set aside within one year. Subsection (f) allows the set aside of a judgment within one year if one side failed to comply with disclosure requirements.

If you need a divorce lawyer in the Orange County area to discuss a family law matter such as the setting aside of a judgment or any other dissolution issue such as child support, spousal support, custody, transmutation or property division, contact Treviño Law, Inc. Conveniently located off of the 5 and 405 freeway at Lake Forest.

T-LawLogo only

Treviño Law, Inc.
23151 Moulton Parkway
Laguna Hills, California
Phone (949) 716.2102

Visit us at
www.LawintheOC.com

 

Although the posting of this information can be considered free legal advice for an Orange County divorce, it does not guarantee a result. There may be other circumstances that play a significant role in any dissolution which may alter the outcome of a divorce. A divorce lawyer will be knowledgeable about the significance of facts. Those factors should be reviewed and argued by a family law attorney in Orange County. This is a legal advertisement for Treviño Law, Inc, an Orange County family law firm.

Please note that this legal advice does not establish a family law attorney-client relationship.