San Diego CA divorce attorney: Poway Third-Party Visitation

by admin on October 29, 2010

It’s okay to think that a dissolution of marriage is a thing which happens concerning two individuals, but marriage break ups affect alternative close relatives also. 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 have to get used to the altered conditions. Inevitably many grandparents grow really close associations with their grandchildren, and when one of the parents is awarded primary custody, the grandparents on the alternative side of the family can be placed in a possibly awkward predicament.

Sections 3040-3080 from the California Code take care of the problem of child custody, and the thing which stands out more than anything tends to be that the state endeavors to place the wellbeing of the children first and also minimize any kind of conflict they may suffer whenever deciding on a custody case. Fathers and mothers must do the same, and the reality is they quite often do. Some 95% of dissolution of marriage agreements happen to be uncontested, meaning that both sides have voluntarily decided the terms and conditions, which includes child custody. And so in most cases, the grandparents will simply be provided with proper access to the children with no resistance from the custodial father or mother. However grandparents that are declined voluntary visitation can easily petition the court for visitation rights, and the determination will be made in line with the court’s understanding of what is best for the children.

In relation to child custody, when one or both of the parents is willing to act as the primary custodian of his or her own child or children, grandparents and also additional third parties who are seeking custody would need to demonstrate that the parents are not fit for some reason. The state of California has a robust stance in support of the inherent rights of being a parent, so it would definitely take a very powerful case to convince the court to grant custody to someone besides a parent when that mother or father does in actual fact wish to behave as the child’s primary caregiver.

Should you have questions or worries about grandparents and third-party custody and/or visitation, make contact with a San Diego CA military divorce lawyer in order to request a complimentary consultation. A good family lawyer San Diego will provide you with the assistance you need with all aspects of a San Diego divorce law firm: Bonita Third-Party Custody.

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