Joinder

Q:        What is a Joinder?

A:         A Joinder allows multiple plaintiffs to join in on a case.

Q:        Why would I have to file a Joinder to get custody and/or visitation with a child?

A:         In many cases the court will allow a party to join in an existing case as opposed to filing a separate case.  This is beneficial when the issues of child custody and/or visitation are already being addressed by the court.

Q:        What types of case may a Joinder be appropriate to have visitation with a child?

A:         Paternity, Dissolution/Divorce, Guardianship and Adoption.

Q:        Who may file a Joinder to obtain custody and/or visitation of a child?

A:         Grandparents, relatives, step parents and any person having an interest in the welfare of the child, including non relative and prior Guardians.

Q:        How do I file a Joinder to get visitation?

A:         You would need to petition the court for permission to join you into the preexisting case.  This is called a Permissive Joinder.  The court would need to determine if it would be appropriate to determine the particular issue in conjunction with an ongoing proceeding.

Q:        What issues does the court take into consideration before it will grant a Joinder?

A:         In determining whether it is appropriate to determine the particular issue in the proceeding, the court must consider its effect upon the proceeding, including:

• Whether the determination of that issue will unduly delay the disposition of the proceeding;
• Whether the other parties would need to be joined to render an effective judgment between the parties;
• Whether the determination of that issue will confuse other issues in the proceeding; and
• Whether the joinder of a party to determine the particular issues will complicate, delay, or other wise interfere with the effective disposition of the proceeding. (Subd (b) as amended and lettered effective January 1, 2003; adopted as part of subd (a) effective November 23, 1080.)