Mens Family Law & Divorce Attorneys San Diego

San Diego Men's Divorce Rights Lawyers
Explaining Grandparent Visitation Rights

When two people are obtaining a California divorce and there are children of the marriage, one of the fundamental issues that must either be worked out by the parties or decided by the courts involves child custody and visitation.  If the father of the children is not awarded primary custody of those children, then he will likely be entitled to a schedule of visitation.

However, one of the most overlooked aspects of these situations involves the rights of the father's parents to see their grandchildren.  Anyone who finds himself in this position should seek the help of experienced San Diego men's rights divorce lawyers, and below is a brief introduction to this issue.

The General Rights of Grandparents

In general, California family law allows a court to exercise reasonable discretion with regards to granting visitation rights to children by people who may not be parents of the children but who have an interest in the welfare of the child.  Therefore, it is possible for a court to grant these visitation rights in many cases.  However, there are also limitations that need to be understood.

Specifically, these limitations involve the rights of the parents of the children to make fundamental decisions regarding the care, well-being and best interests of the children of that marriage.  Therefore, if a parent objects to grandparent visitation and some sort of reasonable ground can be established regarding the potential harm to the best interests of the child, a court will likely give that parent's objection a lot of weight when making a decision.

However, absent some evidence that proves that contact between the children and the grandparents would be harmful to the children for some reason or reasons, courts can and often do approve of grandparent visitation even if the custodial parent objects to the proposed arrangement.  Regardless of the specifics, the burden for obtaining approval of grandparent visitation rights rests upon the non-custodial parent.

How San Diego Men's Rights Divorce Lawyers Can Help

Given the obvious emotions involved in these types of situations, the best-case scenario with regards to grandparent visitation is to include some sort of right or schedule in the original order for dissolution of the marriage.  This will help everyone involved avoid the potentially nasty litigation that could ensue in the future.

If that's not possible and the non-custodial parent wants his children to have contact with their grandparents, the best initial step to take is to seek the help of San Diego men's rights divorce lawyers who understand this process and how to fight for the best interests of children.  Contact the law office of James D. Scott today to schedule an initial consultation.