All across California there are thousands of children who are being denied access and contact with their loving and caring Grandparents (GP). Some of the children have spent a large part of their lives with the GP before all visitation was denied. Many times this is the result of parents involved with drugs or crime.
California law promotes the right of FIT parents to raise childern without government interference. To ensure this 14th amendment right, Family Code 3104(e) assumes that FIT parents will do what is in the best interest of the child. 3104 states that for GP to have visition over the objection of a parent, GP must prove that child will be harmed without GP visitation, a high legal barrier.
The Courts know the inherent goodness a GP relationship can provide and that some parents are denying GP access to children for vindictive, retaliatory, and other reasons not in the best interest of the child.
THIS PETITION will provide a means of rebutting the parents' decision to deny access, if it is based on other than the child's best interest. It will require the mandatory psychological evaluation of both parents and GPs at the initial court appearance. The results will provide the Court with information in regard to the parents' fitness in making the decision and whether or not Court intervention is needed.
We, the undersigned, firmly believe that the world would be a better place if Grandchildren and Grandparents that have been separated unjustly were to be REUNITED. This separation is very widespread across the country, impacting thousands of lives, all in the name of 14th Amendment rights.
Our Legislative amendment would provide the courts the information they need, at the very begining of a visitation case, to determine if parents are acting genuinely in the best interest of the child, or are disallowing visitation for retaliatory, vindictive, or some other agenda.
If Court interference is needed, it could proceed in a timely manner so children are impacted less from the separation. Presently, it may take years to work through the process. The important 14th amendment would be preserved with the early determination of whether or not Court intervention is needed based on the reasoning of the denial of visitation.
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