Grandparents and Third-Party Custody – Visitation in San Diego California

San Diego CA Divorce Lawyers – Family Law Attorneys

It is natural to think that a dissolution of marriage is something that takes place between two individuals, but marital breakups impact other family members as well. Of course the child or children involved are going to be affected the most, but the rest of the extended family is also going to have to get used to the changed circumstances. As we all know many grandparents develop very 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 placed in a potentially awkward situation.

Sections 3040-3080 of the California Code cover the issue of child custody, and the thing that stands out more than anything is the fact that the state endeavors to put the well being of the children first and minimize any trauma that they may experience when deciding on a custody case. Parents should do the same, and the fact is that they usually do. Some 95% of dissolution of marriage agreements are uncontested, meaning that both parties have voluntarily agreed to the terms, including child custody. So in most cases, the grandparents will simply be given appropriate access to the children without any resistance from the custodial parent. But grandparents who are refused voluntary visitation can petition the court for visitation rights, and a decision will be made based on the court’s perception of what is best for the children.

When it comes to child custody, if one or both of the parents is willing to act as the primary custodian of his or her own child or children, grandparents or other third parties who are seeking custody would have to prove that the parents are unfit in some way. The state of California takes a strong stance in support of the inherent rights of parenthood, so it would take a very compelling case to persuade the court to award custody to someone other than a parent when that parent does indeed want to act as the child’s primary caregiver.

The court would always prefer that divorcing parents agree to a custody and visitation arrangement that includes the grandparents if appropriate without taking the matter before a judge. Common ground can usually be found, and though grandparents do have some legal recourse under certain circumstances, it is always going to be difficult for the court to overrule parental authority.

For more information about grandparents and third-party custody and/or visitation, contact an experienced San Diego CA family lawyer to arrange for a free consultation.