In a divorce case in California, or anywhere else in the United States, children frequently suffer more than anyone. The situation becomes very difficult when the parents get involved in a long, drawn-out battle involving child support and child custody. Many California residents may be aware that there are two types of child custody -- physical custody and legal custody.
Bay Area residents who visited our website may remember a previous post about grandparents' visitation rights under California law. The post discussed the circumstances in which grandparents can file for visitation rights and the factors courts will consider when granting those rights in a child custody case. In this post, we talk about how a grandparent can file a court petition to uphold and exercise those rights.
Residents of California would probably agree that most grandparents wish to spend time with their grandchildren. However, legal provisions prevent many grandparents from filing for visitation rights in order to spend quality time with their grandchild.
Any parent in California who has gone through a divorce know that it can be very difficult on the children. Children often find it difficult to adjust to their parents no longer living together under the same roof. In the best interests of the child, California courts generally give child custody to one parent and orders for the other to have visitation and provide child support.
In many divorce cases, children can suffer the worst from their parents' estrangement. Many times, child custody and child support can become a very bitter and drawn out battle. Custodial issues are exacerbated in cases where the children are born out of wedlock. In most states, including California, the father may not get automatic paternity rights or custody.
California residents would probably agree that divorce is the result of the breakdown of the marital bond and more often than not, the process divides entire families. Children are often the greatest casualties of a divorce. And while joint custody is usually preferred by both parents, custodial battles and battles regarding child support usually lead to increased acrimony.
When children are involved, the biggest consideration in divorce is typically protecting the child's best interests. The best interests of the child are always the determining factor where child custody is concerned -- his or her mental health, physical health, happiness, security, and emotional health are of the utmost importance.