It can be okay to think that a dissolution of marriage is something that happens concerning two individuals, however marital separations have an impact on alternative members of the family also. Naturally the child or children involved are going to be impacted the most, nevertheless the remainder of the extended family is also going to need to get used to the changed conditions. We all know many grandparents develop extremely close relationships with their grandchildren, and when one of the parents is awarded primary custody, the grandparents on the other side of the family can be put in a potentially difficult position.
Sections 3040-3080 within the California Code handle the problem of child custody, and the one thing that stands out more than anything is the fact the state endeavors to put the well-being of the children foremost as well as minimize any kind of trauma which they may suffer if deciding upon a custody case. Parents ought to do exactly the same, and the truth is that they quite often do. Some 95% of dissolution of marriage arrangements are usually uncontested, and therefore both sides have voluntarily agreed to the conditions, which includes child custody. Therefore in many instances, the grandparents will basically be provided with suitable access to the children with no resistance from the custodial father or mother. Nevertheless grandparents who are declined voluntary visitation may petition the court for visitation rights, and a determination is going to be made in line with the court's notion of precisely what is best for the children.
In relation to child custody, if either of the parents is wanting to act as the primary custodian of his or her own child or children, grandparents as well as other third parties that are wanting custody will have to establish that the parents are actually not fit in some way. California takes a strong position in support of the natural legal rights of parenthood, therefore it would probably take a very persuasive case to convince the court to grant custody to somebody other than a dad or mom when that father or mother does in fact plan to act as the child's primary caregiver.
When you have questions or worries about grandparents and third-party custody and/or visitation, speak to a San Diego CA military divorce lawyer to arrange for a complimentary consultation. A good family lawyer San Diego California can provide the help you're looking for with all aspects of a San Diego CA divorce attorney: Poway California Third-Party Visitation.
