San Diego child custody attorney: Poway California Third-Party Visitation

by admin on October 29, 2010

It is reasonable to think that a dissolution of marriage is something which happens between two people, however marital break ups have an impact on additional family members at the same time. Of course the child or children concerned are going to be impacted the most, nevertheless the rest of the extended family group is also going to need to get used to the changed circumstances. We all know lots of grandparents grow very close relationships with their grandchildren, and once one of the parents is given primary custody, the grandparents on the alternative side of the family can be put in a perhaps awkward predicament.

Sections 3040-3080 from the California Code deal with the issue of child custody, and the one thing that stands out more than anything is the fact that the state endeavors to place the wellbeing of the children foremost as well as limit any kind of conflict that they may go through if deciding on a custody case. Fathers and mothers ought to do exactly the same, and the reality is that they typically do. Some 95% of dissolution of marriage agreements are actually uncontested, which means both parties have voluntarily agreed to the terms, including child custody. And so quite often, the grandparents will simply be provided with suitable access to the children without any opposition from the custodial father or mother. But grandparents who are refused voluntary visitation can certainly petition the court for visitation rights, and the final decision will be made in line with the court’s perception of exactly what is best for the children.

The court would normally prefer that divorcing moms and dads agree to a custody and visitation arrangement that includes the grandparents if appropriate without bringing the matter before a judge. Mutual understanding can commonly be identified, and though grandparents have some legal recourse under specific situations, it is always likely to be really difficult for a legal court to overrule parental authority.

When you have questions or concerns about grandparents and third-party custody and/or visitation, contact a San Diego CA family lawyer in order to arrange for a complimentary discussion. A good family attorney San Diego CA can provide the help you’re looking for with any aspect of a San Diego family lawyer: San Marcos California Third-Party Custody.

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