Articles Posted in Visitation

Separating and divorcing parents must always address issues regarding the custody and visitation of their minor children. And sometimes this also includes the grandparents. California law also gives grandparents the right to spend time with their grandkids under certain circumstances. As the state’s Third District Court of Appeals recently explained, courts considering a request for grandparent visitation rights focus on the grandchild’s best interests, among other factors.Father and Mother were married when Mother gave birth to Daughter in 2004. Father’s parents moved from Sacramento to a residence three blocks from the family’s home in Roseville a year later, and Grandfather became the child’s primary caregiver. When Father and Mother separated and then divorced four years later, the grandparents watched Daughter as much as 25 days per month.

Husband’s relationship with his parents started to sour, however, after Daughter and he moved in with the grandparents. They said Father’s mood changed when he started taking certain medication. Father and Daughter eventually moved out of the house, supposedly after the grandparents asked him to leave. Father then told his parents that they would never see the child again. Their time with Daughter decreased over the following months, and the grandparents eventually asked a court to award them visitation time.

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So, sadly I was in court recently for what I hope will be my last litigation matter ever. Both clients and attorneys waited for nearly three hours because we were called last, a process that costs most clients a great deal of money for little to no effort on the part of the attorney except that I was helping my client at no cost. One more example of how divorce litigation costs can spiral out of control.

So we sat for three hours watching the other matters. One couple and their attorneys came before the judge and said they had reached an agreement on child custody and visitation where the eldest boy would live primarily with the Dad and the two younger kids would stay with the mum, but the parents lived in different towns about 2-3 hours apart.

The mom explained cogently and with heartfelt emotion why they felt this was in the best interest of the children and their family. The dad agreed. The judge, however, had other ideas and decided that she, someone who does not know this family from a hole in the ground, would supplant their thoughtful decisions with her own and rejected their agreement.