CALIFORNIA FAMILY LAW
...Procedure Before Trial/Hearing
......Joinder
.........Custody/Visitation
7 Cards On This Topic:
  • Party may seek to join nonparty who has custody/visitation interest in minor children subject to the action.
  • Nonparty who has custody/visitation interest may apply to court for an order joining self as party to proceeding.
  • Nonparty served with restraining order re: property or children may apply to court for an order joining self as party to proceeding.
  • When the trial ct. knows that an individual is a necessary party to a paternity action under Code Civ. Proc. §389, it should order joinder.
  • Joinder of mother's husband not compulsory where he received notice and an opportunity to be heard and agreed to enter into binding waiver of claim to parentage.
  • Prospective adoptive parents are parties subject to compulsory joinder in custody action between natural parents. However, failure to join not reversible when they had knowledge and failed to intervene.
  • Grandparents seeking visitation do not have standing to join in action.