San Jose Family Lawyer Discusses Grandparents’ Custody Rights
In today’s fast moving age, many parents rely on grandparents to take care of their children as they are at work during the day. Therefore, many times, when the nuclear family breaks down it is the grandparents that step in to take control of the children’s best interests. But what kinds of rights do grandparents have in terms of visitation?
According to a child custody coach cited in Newsweek, while hearing a petition filed by grandparents for visitation rights, courts almost always consider the decision and wishes of the custodial parent. In the Supreme Court case Troxel v. Granville, 530 U.S. 57 (2000), the Court held that it is a fundamental liberty of parents to make decisions concerning their child’s custody. It includes the freedom to decide when and with whom minor children can spend their time, and applies to time spent with the grandparents. This means that no matter how involved the grandparent may be involved with their grandchildren, the decision for visitation is ultimately on the custodial parent.
The child custody coach advises any grandparent that has children who are in the midst of a divorce to be supportive of both of the parents of the grandchildren, including the ex-spouse. Handling visitation issues with grandparents is a lot easier when the law is not involved. Divorce is always hard, but if you are a grandparent and would like to have an impact on your grandchild, keeping the peace with both parties including the ex-spouse can only work in your favor.
Our team of experienced and talented family law attornneys handle all aspects of child custody, visitation and support cases, as well as all other family law cases. We have six Bay Area locations, including Redwood City, San Jose, Monterey, Salinas, Sacramento and Fremont. We offer a free consultation, either in person or over the phone. Call Sagaria Law today at 1-800-941-6730 to schedule your free consultation with an experienced Redwood City Family Law Attorney.