A Closer Look at Grandparents and Third-Party Custody/Visitation Rights

It is natural to think that a dissolution of marriage is something which occurs between two people, but marriage breakups affect alternative relatives at the same time. As expected the child or children taking part will probably be impacted the most, but the rest of the extended family group is also going to need to get used to the altered circumstances. We all know many grandparents grow really close associations with their grandchildren, so when one of the parents is awarded primary custody, the grandparents on the alternative side of the family may be placed in a perhaps awkward situation.

Sections 3040-3080 within the California Code handle the issue of child custody, and the fact that stands out above all else tends to be that the state endeavors to place the well being of the children foremost and also limit any kind of trauma that they may experience whenever deciding upon a custody case. Dads and moms should do the same, and the reality is they quite often do. Some 95% of dissolution of marriage agreements are usually uncontested, which means that both sides have voluntarily agreed to the conditions, including child custody. And so usually, the grandparents will simply receive proper access to the children with no opposition from the custodial parent. However grandparents that are refused voluntary visitation may petition the court for visitation rights, and a judgement will be made based on the court's notion of what appears best for the children.

In regards to child custody, whenever one or both of the parents is prepared to act as the primary custodian of his or her own child or children, grandparents or even additional third parties who are seeking custody would have to show that the parents are not fit in some way. California takes a robust stance in support of the inherent legal rights of being a parent, so it would take a very powerful case to convince the court to grant custody to someone besides a mother or father any time that father or mother does in actual fact plan to act as the child's primary caregiver.

The court would invariably prefer that divorcing mothers and fathers agree to a custody and visitation agreement that features the grandparents if suitable without taking the matter before a judge. Common ground can usually be found, and even though grandparents will have some lawful recourse under certain circumstances, it is always likely to be tough for the court to overrule parental authority.

When you have questions or worries about grandparents and third-party custody and/or visitation, make contact with a San Diego CA custody lawyer in order to request a free consultation. The best divorce lawyer San Diego CA will give you the assistance you'll need with all aspects of a San Diego CA divorce.