It is natural to think that a dissolution of marriage can be something that takes place among two individuals, however marital breakups impact other relatives at the same time. As expected the child or children concerned are going to be affected the most, but the remainder of the extended family is also going to have to get used to the altered situation. As we all know lots of grandparents establish very close associations with their grandchildren, and when one of the parents is given primary custody, the grandparents on the alternative side of the family can be put in a potentially awkward situation.
Sections 3040-3080 within the California Code take care of the situation of child custody, and the fact that stands out above all else tends to be that the state endeavors to put the well-being of the children first and minimize any trauma they may suffer if deciding on a custody case. Fathers and mothers ought to do the exact same, and the fact is that they generally do. Some 95% of dissolution of marriage arrangements are actually uncontested, meaning that all sides have voluntarily decided the terms, which include child custody. So quite often, the grandparents will simply be provided with acceptable access to the children with no resistance from the custodial father or mother. But grandparents who're refused voluntary visitation can easily petition the court for visitation privileges, and a determination will be made in line with the court's understanding of what's best for the children.
On the subject of child custody, if either of the parents is happy 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 have to show that the parents are not fit in some way. The state of California takes a strong position in support of the natural rights of parenthood, so it would probably take a very powerful case to convince the court to grant custody to somebody besides a mother or father when that father or mother does indeed want to behave as the child's primary caregiver.
If you have questions or concerns concerning grandparents and third-party custody and/or visitation, make contact with a San Diego child custody lawyer in order to arrange for a complimentary discussion. The best divorce lawyer San Diego will give you the assistance you may need with all aspects of a San Diego California family lawyer: San Diego CA Third-Party Custody and Visitation.
