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Grandparent rights in California; The Maggio Law Firm

The Circumstances Under Which Grandparents Can Win Custody Battles

Grandparent rights in California; The Maggio Law FirmCustody battles are complicated issues and some are so convoluted that it becomes difficult to award custody to either of the parents. The other best alternative – grandparents. Every child finds comfort at their grandparents home so, it should not be surprising that they are next best custody seekers after parents. The best part about grandparents is that they can give the same about of love and care to the child and yet they are so different from the parents. However, grandparents should understand the situations in which they can win custody battles before applying for one.

If the parents are abusive

If one parent is abusive, the court usually awards custody to the other parent. But if both parents are abusive towards the child and if the court finds substantial evidence to support the claim, the custody can be awarded to grandparents.

If the parents choose grandparents as the primary caretakers

Parents have the power to choose who they want their kids to live with. However, grandparents must also show that they have lived and taken care of the child for a period of time. The best way for them to do this is by maintaining a calendar where the dates are marked.

If one of the parent dies

It is quite possible for one of the parents to pass away while the divorce proceeding is taking place. In such cases, it becomes difficult for the other parent to take care of his/her kids during a state of mourning. One option for them is sending their kids to live with their grandparents temporarily.

If the court decides

During custody battles, it is ultimately the court that will decide who the custody goes to. If the court rules both parents to be unfit for taking care of the children, it may award custody to the grandparents. The court’s judgment weighs majorly on what’s best for the child and therefore grandparents have a good chance of winning custody battles.

Conclusion

Custody battles can be complicated issues and sometime both parents end up losing custody of their children. The court considers the role of the grandparents in a child’s life and the grandparents prove to be fit for the role, the custody is awarded to them. However, grandparents should know and understand the various situations in which a custody can be granted to them.

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.  

divorce_attorneyGerald A. Maggio is an experienced Orange County divorce and family law attorney and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.

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