Tag: <span>Kids’ Best Interests</span>

family-law

Grandparent Visitation

You love being a grandparent and want to keep being a part of your grandchild’s life, once their parents get divorced. 

Unfortunately, in California, grandparents do not have any automatic rights to visitation with their grandchild; however, just because this process isn’t standard procedure, doesn’t mean you can’t ever get visitation. 

California courts understand that grandparents can often play a key role in a child’s early and adolescent development, providing a meaningful bond that can enrich both sides of the relationship. Because of this, the courts are willing to grant grandparent visitation, in some situations. 

Here’s what you need to know about filing for grandparent visitation in California, and what the Maples Family Law team can do to help you get the arrangement that’s best for your grandchild. 

 

What is Grandparent Visitation?

Visitation is a critical part of child custody, and refers to the allotted time a non-custodial parent gets to spend with their child. 

This in-person facetime is critical. It allows parents to cultivate a relationship with their child, and to influence how they’ll be raised—regardless of their relationship status—which is why the courts take it so seriously. 

Unfortunately, visitation is a parental right, not a grandparent right. Meaning that—once the child’s parents get divorced—their custodial parent has no obligation to let you be a part of their life, anymore.

Despite this, there are some situations when California courts may grant grandparent visitation, if it’s in the child’s best interest. (Even if the parent disagrees.)  

 

Who Qualifies for Grandparent Visitation?

In California, custody decisions are made according to a child’s best interest. This legal standard makes a child’s long-term health and well-being the driving force behind every decision made. As a result, judges aren’t necessarily interested in what parents want; instead, they’re focused on what’s best for the child.

Enter: grandparent visitation. 

Remember that unique, grandparent/child bond we talked about, earlier? The court recognizes that this is a good thing—a relationship that not only benefited the child leading up to this moment, but one that will serve them well in the future, too. 

Because of this, there are some situations when the court will grant grandparent visitation, if it’s in the child’s best interest. 

 

When Parents are Still Married

Generally speaking, grandparent visitation is out of the question while parents are married, though—you guessed it—there are a few exceptions. 

According to California law, judges are permitted to consider grandparent visitation (while parents are still married), if:  

  • The parents are separated; 
  • The whereabouts of a parent have been unknown for at least a month; 
  • One of the parents joins the grandparent’s request for visitation; 
  • The child doesn’t live with either parent; 
  • The child has been adopted by a stepparent; or, 
  • One of the parents is incarcerated or involuntarily institutionalized. 

However, even if the court grants visitation under one of these scenarios, there’s still a catch: once the situation no longer exists, either parent can ask for a termination, and the court will be obligated to do so. 

 

When Parents are Not Married

Far more common are visitation requests when parents are not married. This often occurs in the wake of a divorce, but can be relevant to unmarried parents, as well. In these situations, you initiate the process by filing a grandparent visitation petition with the court. 

Things then go forward much like any other child custody process, with judges analyzing facts and making decisions based on what will ultimately be in the child’s best interest. Some of the factors analyzed in this process include: 

  • The child’s health, safety, and will-being; 
  • Any history of domestic abuse;
  • Any history of alcohol or substance abuse; and, 
  • The relationship that exists between grandparent and child. 

That last point is important. For visitation to be in your grandchild’s best interest, there actually must have been a preexisting relationship between you two.

In California, courts will not grant a grandparent visitation request, simply because you want the chance to start a relationship with your grandchild; one that was never there to begin with. Here, the amount of prior contact will be a very important factor in the judge’s decision. 

 

How to File for Grandparent Visitation

Filing a grandparent visitation request is not for the faint of heart. This process does not favor grandparents. In fact, right from the start, the court will assume the position that you’re wrong, and the child’s parents are right. From there, it’ll be your job to prove that assumption is wrong. 

And we won’t lie. That’s a high bar to clear. 

For those grandparents who are up for the challenge, these steps will tell you what you need to know about filing for grandparent visitation in California. 

 

Step 1: Is There an Open Case?

And by “open case,” we mean any current case that involves your grandchild in any way—be it adoption, probate, CPS intervention, or any otherwise. 

If there is, you’ll want to start by filing your petition under that case. This requirement ensures that all relevant decisions about a topic are being made at the same time. 

 

Step 2: Fill Out Paperwork

If there isn’t already a case open, you’ll need to initiate a new case. 

To do that, start by collecting the necessary forms (which will include a Request for Order, and a Child Custody and Visitation Application). These documents will ask you to explain the type of visitation you want and why you want it. 

Remember: the burden of proof is working against you, here, so you’ll want to provide as much detail as possible. The evidence you provide here sets the foundation for all future arguments, and will play a critical role at your hearing. 

 

Step 3: Make Copies

When you file your paperwork, you don’t get it back. Hence, before you file, be sure to make a copy for your own personal records. 

Additional copies will be needed, in order to execute proper service. Depending on how many relevant parties there are, that could mean anywhere from 2-3 extra copies, so make sure you have enough, before filing. 

 

Step 4: File Your Paperwork 

Family law cases are heard in county court, so you’ll need to file them at the courthouse for your jurisdiction. This will include a filing fee; however, if you can’t afford to pay it, you can always request a fee waiver.

 

 Step 5: Notification 

California law requires you to notify someone when you open a case against them. For grandparent visitation, this will likely mean the child’s parents—both biological, and/or adopted.

Notification must be done through proper service, otherwise it won’t be valid. This is typically carried out by hand-delivering copies of paperwork to everyone who is a party to the case. (Which is why you don’t want to skip step 3!) 

 

Step 6: Settlement and Hearing

Once everything has been copied, filed, and delivered, you will likely be required to attend mediation with the child’s parents, to see if things can be resolved outside of court. If they can’t, your mediator will notify the judge, and you’ll be assigned a hearing. 

At the hearing, both sides will present evidence to the judge. After hearing arguments and reviewing paperwork, your judge will decide whether or not to grant grandparent visitation. 

 

Is Grandparent Visitation the Right Answer?

Grandparent visitation is often initiated when a stepparent (or another grandparent) adopts the child. In these situations, it may be in a child’s best interest for the relationship to continue, while allowing parents to retain custody. 

However, what happens when this isn’t enough?

When a child is removed from their home because of domestic violence, neglect, or abuse, the court’s first priority is to keep the family together, whenever possible. If this can’t happen, they may want to assign the child a permanent guardian, or even adopted parents. 

A trusted grandparent is often the best solution for the child in these situations. Hence, if you’re able (and willing) to care for your grandchild, you may want to consider more than visitation… you may want to consider custody. 

If this is something you’re interested in, an experienced, California family law attorney can help you figure out your next steps.   

 

Do You Need Help with Grandparent Visitation in California?

Few things in life are more rewarding than becoming a grandparent, and it’s a relationship we want to help you preserve. 

For more questions about grandparent visitation in California—and how that might work in your situation—we want to hear from you. Call Maples Family Law at (209) 989-4425, or get in touch online, and let us help secure the best future for your grandchild. 

11 Common Questions on Joint Custody Schedules in California - Stockton Divorce Lawyer Child Custody

11 Common Questions About Joint Custody Schedules in California

  • April 20, 2020August 10, 2020
  • by Angie

If you’re like many people, you have plenty of questions about developing a joint custody schedule during or after divorce. Check out these joint custody schedule frequently asked questions to see if you can find an answer here – or, if you don’t see your question or need personalized legal advice, call us at 209-395-1605 to schedule a consultation with a Stockton divorce attorney.

11 Common Questions About Joint Custody Schedules in California

Check out these 11 common questions about joint custody schedules in California.

What is a Typical Joint Custody Schedule?

In California, joint custody schedules vary greatly from family to family. The courts recognize that no two families are exactly the same – and kids of various ages have different needs. Some typical joint custody schedules include: the 50-50 custody schedule, the 2-2-3 joint custody schedule, and the week-on, week-off custody schedule. Your attorney can help you understand your options if you’re sharing joint custody with your ex.

Related: What is the best interest of the child in California?

How Do I Get a Joint Custody Schedule?

When you’re going through a divorce or breakup and you’re sharing custody of your children with their other parent, you get a joint custody schedule by making one. Create your schedule with your kids’ best interests in mind; that’s what it’s going to take to get a judge to sign off on your joint custody plan. You might choose a week-on, week-off joint custody schedule if you have older children, or you might prefer the common 2-2-3 parenting schedule. You can customize your schedule to reflect your family’s unique needs, but the key is that you create something that does what’s best for your children. If the custody schedule you submit to the court isn’t something that serves your child’s best interests, the judge in your case is going to tell you to try again.

What is a 50-50 Custody Schedule?

In a 50-50 custody schedule, each parent has the children half the time. That may mean that you alternate days or weeks, or it might mean that one of you picks the kids up from school, drops them off the next morning, and then the other parent picks them up and starts the cycle over again. This way, each parent has equal time with his or her children. You can even work it out in another way – what’s most important is that it works for your family.

The custody schedule you choose should always be in your kids’ best interests, not yours. The judge assigned to your case will look carefully at the joint custody schedule you’re submitting to make sure it’s truly what’s best for your children.

Related: Child custody in California

What is a 2-2-3 Parenting Schedule?

A 2-2-3 parenting schedule is a common way that parents with joint custody of children work out times to be with them. Many parents choose this schedule because it allows ample uninterrupted time with the children, and each parent gets the kids every other weekend. The numbers in a 2-2-3 parenting schedule represent days, so let’s start with Parent A and Parent B.

Parent A has the children for the first two days of the week. Parent B takes over for the next two days, and then Parent A takes the kids for the three days (to include the weekend). Then, it’s Parent B’s turn to get the kids for two days. Parent A gets the kids back on the second two-day group, and then Parent B takes the kids for three-day weekend. The schedule just keeps going back and forth in this way so that both parents enjoy weekend and weekday time with the children. It’s not right for every family, such as those who live far apart or who have very young children who are used to one parent being the primary caregiver, but it can be a great solution for people who live close to each other with older children.

What is the Best Custody Arrangement?

Some parents argue that the best custody arrangement is the 2-2-3 parenting schedule, the 50-50 parenting schedule, or something else entirely – but it doesn’t matter what some parents think. What matters is what’s the best custody arrangement for your children. The state of California recognizes that kids benefit most from frequent and continuing contact with both of their parents, but what that looks like is up to you and your children’s other parent.

If you have young children, the best custody arrangement might be one in which the kids stay in one home throughout the week and visit the other parent’s home on a few evenings or for some time on weekends. Older kids might prefer the 2-2-3 parenting schedule, or even the week-on, week-off joint custody schedule. When you’re putting together your parenting plan, think about what’s going to be easiest on your children. If they’re in sports, for example, it might make sense for them to stay in one home throughout the week and spend weekends with their other parent. The bottom line is that every family is different, so every joint custody schedule should look a little different.

Related: Infant custody laws

What’s the Difference Between Shared and Joint Custody?

In California, shared and joint custody are the same thing. In other states, the terms vary – and there are big differences between shared and joint custody. However, in California, you can say that you have shared custody or joint custody; both still mean that you and your children’s other parent share the rights and responsibilities of making decisions for your kids, or that you share physical time with the children (or both).

There are two types of custody in California: legal and physical. Legal custody refers to your rights and obligations, particularly when it comes to deciding where the kids will live, where they’ll go to school, what types of routine medical treatment they’ll get, and other things that impact their welfare. Physical custody refers to where the children live.

With joint or shared legal custody, both parents share the responsibility for deciding where the kids will live, as well as making decisions about their health, well-being and education. With joint or shared physical custody, the children live with both parents.

How Can I Get Custody Without Going to Court?

You can get custody of your children without going to court – for the most part. You and your children’s other parent can come up with a custody agreement between yourselves. You will have to go to court (unless your attorney can go on your behalf) to get the judge to sign off on it – and when that happens, it becomes a legally binding court order. The only way to really get custody without going to court is by reaching an agreement with your spouse; you must both agree, and the custody plan you come up with must serve your children’s best interests.

What Does a 70/30 Custody Schedule Look Like?

A 70/30 custody schedule looks like this: A child spends 70 percent of his or her time in the care of one parent, and 30 percent of his or her time with the other. Really, it works out to spending two nights out of seven with one parent (and the other five with the other parent).

Here’s what a 70/30 custody schedule looks like on paper:

Monday Tuesday Wednesday Thursday Friday Saturday Sunday
Week 1 Parent A Parent A Parent B Parent A Parent A Parent A Parent B
Week 2 Parent A Parent A Parent B Parent A Parent A Parent B Parent A

Naturally, you can modify this schedule so it works out for your family; maybe different days of the week are better.

Why is Shared Custody the Best Arrangement?

Shared custody is the best arrangement – for some families. It’s not best for every family. However, for families who are able to have shared custody, they consider it the best arrangement because it allows children to have frequent and continuing contact with both parents.

Some families aren’t cut out for shared custody, such as those that have had domestic violence issues in the past. When one parent lives too far away, or when the parents aren’t amenable to each other, shared custody can cause more problems than it’s worth.

Related: Parenting time agreements in California

How Many Days is 70/30 Custody?

Usually, 70/30 custody works out to being five days with one parent and two days with the other. The days can vary week by week, based on what’s right for your family.

What is a Reasonable Visitation Schedule?

A reasonable visitation schedule is one that allows the children frequent and continuing contact with both parents. The state of California recognizes that this is essential for kids, so whenever possible, a parenting plan or parenting time agreement should allow for both parents to spend plenty of time with the children.

Every family is different, though, and what your family finds to be a reasonable visitation schedule might not work for another family. The key to settling on something reasonable is working with your children’s other parent to create the best joint custody schedule for your needs. When you both have a hand in creating it, you’re both more likely to feel that it’s reasonable – and you’re more likely to want to stick to it.

How Far Can I Move With Shared Custody in California?

When you have shared custody, you can move – usually up to 45 to 50 miles away – provided that you have agreement from your children’s other parent. If your kids’ other parent doesn’t agree with you moving, you’ll have to show the court that the move is in your children’s best interest. The court can say no, so be prepared. However, that doesn’t mean you personally can’t move; you may simply have to move without your children.

Related: How to get permission to move out of state with a child

Do You Need to Talk to a Lawyer About Creating or Changing a Joint Custody Schedule?

If you’re divorcing and need to create a joint custody schedule, or if you’re thinking about moving away because it’s what’s best for your family, we may be able to help you. Call us at 209-395-1605 to schedule a free consultation with a Stockton divorce attorney who understands the complexities of joint custody schedules, legal and physical custody, and other divorce-related matters today.

What Does Best Interests of the Child Mean in California - Stockton Child Custody Lawyer Divorce

What Does “Best Interests of the Child” Mean in…

  • July 31, 2017January 17, 2019
  • by Angie

Child custody cases in California typically revolve around the “best interests of the child.”

But what does that mean, and how does a judge who doesn’t know your family determine what’s in your children’s best interests?

What Does “Best Interests of the Child” Mean in California Courts?

When parents can’t agree on child custody on their own or through mediation, the judge in the case will have to reach a solution that works for everyone involved—but the judge’s primary concern is the child.

In a typical custody agreement, both parents have some time with the child; they share custody. It’s usually the amount of time each parent gets that trips everyone up, and that’s often where the judge has to step in.

How Judges Determine Child Custody in Stockton and Other California Jurisdictions

Both parents have equal rights to custody under the law, and judges can’t give preference to one parent over the other simply based on his or her gender.

When a judge must determine custody, he or she has to remember two things:

  • The children’s health, safety, and welfare is the court’s primary concern
  • Kids benefit from frequent, continuing contact with both of their parents

As long as the judge bears those two things in mind, he or she can consider any factor relevant to parenting.

Children’s Health and Safety in Custody Decisions

When a judge makes a decision on child custody, he or she has to consider factors that may affect the child’s health and safety. There are legal issues in some cases, such as when one parent has committed first-degree murder of the child’s other parent, or has been convicted of some types of physical or sexual child abuse (in those cases, judges are prohibited from granting custody or unsupervised visitation to that parent).

When Judges Can Limit Custody and Visitation

Judges can also limit custody and visitation when one parent has engaged in child abuse (or partner abuse), even if that abuse hasn’t resulted in a court conviction, provided that an independent and reliable source verifies that it has happened. Drug use and alcohol abuse are other factors that may relate to children’s health and safety, so judges can limit custody and visitation if they’re present, as well.

Does the Child’s Preference Matter in Custody Cases?

The law requires courts to consider a child’s preference when the child is mature enough to make an intelligent choice. There’s no specific age listed in the law, but typically, courts are more willing to listen to a child’s preferences when he or she is older and more mature. (A six-year-old’s preference may not carry as much weight as a 16-year-old’s preference will.)

Probability of Parental Alienation and Interference With Healthy Relationships

A judge must consider which parent is more likely to encourage a healthy relationship with the child’s other parent. Because judges have to remember that kids benefit from good relationships with both parents, this is a valid concern—and if there’s a probability of some form of parental alienation or interference with the other parent’s relationship with the child (or if it’s already happened), the court may restrict custody or visitation.

Which Parent Can Provide Stability and Continuity?

Judges prefer to keep kids’ lives as stable as possible, and that includes evaluating established patterns of care and the emotional bonds children share with their primary caretakers. Typically, judges keep siblings together unless there are extraordinary circumstances that make it necessary to separate them, as well.

Do You Need to Talk to a Stockton Child Custody Attorney?

If you’re contemplating divorce or you need help fighting for custody of your children, it may be a good idea to get in touch with an experienced child custody lawyer in Stockton. We can also answer your questions about child support, spousal support (alimony), and the divorce process in general.

Call us at 209-910-9865 or get in touch with us online for a divorce case evaluation. We’ll talk about your situation and start developing a strategy that gets you—and your kids—the best possible outcome.

Anna Y. Maples Maples Family Law



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