The Role Of Parents & Grandparents In California Child Custody
In 2000, a landmark decision was passed regarding custody and visitation rights of grandparents after the Troxel vs. Granville case. The Court in that case ruled that when it comes to child custody, parents have the upper hand because they are the primary caregiver. However, minor children are also allowed to spent time with their grandparents and it depends upon the decision of the parents.
Parents are given more preference
In cases where both parents and grandparents are involved in custodial battles, the court gives more preference to parents. Also, more significance is given to a parent’s objections regarding visitations by grandparents. California courts believe that since children spent the majority of their time with parents, it makes the parents responsible for what their child does. But that does not mean that children should be kept away from grandparents. Building an amicable relationship with every member of the family should be the goal.
Grandparents can get custody too
Despite what the court orders are, there are always cases where grandparents have got the custody of their grandkids. This usually happens when the parent is either convicted of a crime or is unable to provide for the child. In cases where domestic abuse or child abuse is involved, grandparents may win custody battles. Even in cases where there is serious disruption of parental custody or physical unavailability of parents for long durations, grandparents are given the custody of their grandkids.
The role of grandparents during child custody
In general, grandparents play an important role in a family especially in the lives of grandchildren. Grandparents should guide parents when they want to get a divorce or they want to get married again. They should be supportive but at the same time unafraid to talk about the negative consequences.
During child custody and visitation, grandparents should be able to tell the court why their presence is important. They should clearly identify areas in the child’s development where they play an important role.
Parents and grandparents are both important for child custody and visitation. However, after 2000, California courts award custody of children to parents unless some serious crime is involved. The role of both parents and grandparents must be distinct and each should know their importance in a child’s life. The best resolution would be to allow grandparents to become an integral part of the children’s life while parents continue to maintain their custody.
Getting divorced in California can be complicated. Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.
California is a no-fault divorce state which means that all divorces in the state are “No Fault” divorces. In a no-fault divorce, the spouse petitioning for a divorce does not…
Should you sell your house during a divorce? Is it better to wait and sell it after the divorce? Can you sell your home during your divorce, or do you…