The short answer is YES. California law confers discretion on the court to grant reasonable visitation rights to any other person having an interest in the welfare of the any other person. In order to do this there must be a pending custody case where the mom and dad have custody at issue. The aunt and uncle would then need to file a motion to be joined to the case, so the court can give you a say in the visitation of the children. Aunt and Uncle rights are very similar to grandparent visitation rights. After you are joined and have a court date on the issue of visitation, you must show that it is in the child’s best interest to have visitation with the aunt and uncle. The parent has the constitutional right to determine who spends time with their children; however the family law court can, if it determines that it is in the best interest of the children. The noncustodial parent-Petitioner, and not a contesting parent, must carry the burden of proof, for example demonstrating special factors that would warrant court interference with the parent’s decision on the matter.
As you can see the process can be very time consuming and all forms must be completed correctly. Therefore, it is important to contact a knowledgeable family law lawyer. Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a custody case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us wherever you are. If you’re thinking of hiring an attorney for a custody and visitation case, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.
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