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CA family lawyerGoing through a divorce has been proven to be one of the most challenging experiences for parents who decide to file. When children are involved, divorce tends to be a much more complicated process. Making decisions on child support, child custody, and visitation rights can be tough. If the child’s grandparents are involved in his or her life, then they may have the opportunity to file for visitation rights, under certain conditions.

When Are Visitation Rights Granted to the Grandparents?

A grandparent can ask for visitation rights with his or her grandchild under California law. However, there are some criteria that must be met for these rights to be officially granted. The court must find that there is a pre-existing relationship between the grandchild and grandparent, and visitation rights are in the best interest of the grandchild. The court must also take into account the best interest of the child in having visitation with the grandparent with the parents’ rights to make decisions for the child.

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San Jose Child Custody LawyerWhen parents make the decision to file for divorce, the sudden change can have a huge impact on their children, who are used to having both parents around all the time. Creating a parenting plan that outlines child custody and visitation rights is beneficial, so that each parent can still be a part of their children’s lives.

What is a Parenting Plan?

A parenting plan is a written agreement between both parents that outlines a schedule for when the children will spend time with each parent, as well as how the parents will make decisions for the sake of their children, including the children’s health and education. Both the parents and children will have an idea of what to expect when a parenting plan is in place, and this document will become a court order after it is signed by both parents.

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San Jose grandparents’ rights attorney, grandparent visitation, Illinois child custody,  visitation proceedings, visitation agreementGrandparents can be the backbone of any family. Unfortunately, when families change due to divorce or relationship breakdown, grandparents can often be left out when it comes to the children.

Whether it is due to parents having to share custody, which cuts into grandparent time, or with relationships with the other parent severing, many grandparents feel suddenly left out of the lives of their grandchildren.

California law gives grandparents the right to “reasonable” visitation if they seek it in court or through mediation.

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Common problems after contentious divorces involving children include alienation and intrusions to visitation rights, and we discussed how to avoid alienation in our last post. This post involves challenges parents may face in regards to visitation rights.

About Visitation - Trying to distance children from one parent is harmful, but there is also danger when a parent subtly thwarts visitation rights or ignores visitation rights. Children need consistency after a divorce, and meeting with a parent at agreed upon times helps provide stability and lets children know the noncustodial parent is still there for them.

Interfering with Visitation: This happens if a custodial parent cuts visitation short, regularly cancels and changes scheduled times, presses kids for information about visiting with the other parent and more. The parent with sole child custody does have more discretion and may need to make changes sometimes but cannot abuse this position. Noncustodial parents should act the same way here as with stopping alienation.

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While divorce is the right choice for many couples, dissolving a marriage tends to cause a lot of hurt feelings. Many former partners never want to see their exes again, but this is not an option when a couple has a minor child or children as the reality is that many parents must set aside their animosity and work together for a child's sake. Here are some obstacles you may face when determining child custody and visitation.

Alienation - This takes place when a parent does not honor the other parent's visitation rights and tries to keep a child away from the other parent. Your spouse might seem like the worst person in the world to you, but your child likely disagrees. Additionally, a judge will probably take your child's side. Unless a parent is unfit, courts typically believe both parents should be involved in a child's life.

Avoid Alienation: Judges do their best to stop alienation before it occurs, so you are less likely to receive primary custody if you seem focused on your grudge against your partner and unlikely to cooperate. Show a judge that you can put your children's best interests before yours to have the best chance at joint or full custody.

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