San Diego CA family Attorney: San Marcos Grandparents Visitation

by admin on February 4, 2011

It is reasonable to believe that a dissolution of marriage can be something which happens between two people, but marital break ups affect several other relatives too. Naturally the child or children concerned are going to be impacted the most, however the remainder of the extended family is also going to need to get accustomed to the altered conditions. As we all know lots of grandparents develop very close associations with their grandchildren, so when one of the parents is awarded primary custody, the grandparents from the alternative side of the family can be put in a possibly awkward predicament.


Sections 3040-3080 within the California Code cover the problem of child custody, and the fact that sticks out more than anything is the fact that the state endeavors to put the well-being of the children foremost and minimize any kind of stress which they may experience when deciding on a custody case. Moms and dads must do exactly the same, and the truth is that they more often than not do. Some 95% of dissolution of marriage agreements tend to be uncontested, meaning that both parties have voluntarily agreed to the terms and conditions, including child custody. Which means that typically, the grandparents will simply be provided with proper access to the children without any opposition from the custodial father or mother. But grandparents who are declined voluntary visitation can easily petition the court for visitation rights, and any final decision will undoubtedly be made based on the court’s understanding of what appears best for the children.


The court would at all times prefer that divorcing mothers and fathers accept a custody and visitation arrangement that includes the grandparents if relevant without bringing the matter before a judge. Mutual understanding can usually be identified, and while grandparents will have some legal recourse under specific situations, it is usually likely to be very hard for the court to overrule parental authority.


If you have questions or worries about grandparents and third-party custody and/or visitation, speak to a San Diego CA military divorce attorney in order to arrange for a free consultation. A good family law lawyer San Diego California will give you the help you need with any aspect of a San Diego County custody attorney: San Diego CA Grandparents Custody.

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