It's okay to think that a dissolution of marriage is something that takes place among two people, but marital breakups affect other relatives at the same time. Needless to say the child or children involved tend to be impacted the most, nevertheless the rest of the extended family is also going to have to get accustomed to the altered situation. As everyone knows lots of grandparents develop extremely close relationships with their grandchildren, so when one of the parents is given primary custody, the grandparents on the alternative side of the family can be put in a possibly difficult position.
Sections 3040-3080 of the California Code take care of the matter of child custody, and the fact which stands out above all else would be the fact the state endeavors to place the well being of the children first and also minimize any trauma they may experience whenever deciding upon a custody case. Dads and moms should do exactly the same, and the reality is they typically do. Some 95% of dissolution of marriage agreements happen to be uncontested, which means that both parties have voluntarily agreed to the conditions, including child custody. Therefore in most cases, the grandparents will basically be given acceptable access to the children with no resistance from the custodial mother or father. Nevertheless grandparents who are declined voluntary visitation may petition the court for visitation rights, and a judgement will be made in line with the court's belief of precisely what is best for the children.
The court would at all times prefer that divorcing parents agree to a custody and visitation arrangement that includes the grandparents if applicable without taking the matter before a judge. Common ground can usually be identified, and while grandparents do have some lawful recourse under certain situations, it is usually likely to be very difficult for a legal court to overrule parental authority.
Should you have questions or concerns regarding grandparents and third-party custody and/or visitation, contact a San Diego CA child custody lawyer in order to request a free discussion. A good divorce attorney San Diego will provide you with the assistance you'll need with any aspect of a San Diego County CA divorce attorney: Oceanside Grandparents Custody and Visitation.
