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The Law Offices of Paul H. Nathan

Q:
I have sole custody of our children, but I am not on good terms with my ex-husband. His parents have asked to see our children. What do the California child custody laws say about grandparent visitation rights?

A:

This is a difficult situation, and unfortunately it is not uncommon for many mothers. While your ex-husband may not be the best father and probably was not the best spouse to you, his family may be different.

Grandparents play an important role in a child’s life. While you want to limit contact with your ex-husband, you may not want to limit the grandparents’ rights to visit your children. In California, there are some ways that the court will allow the grandparents to see your children:

  • The visit is in the best interest of the child. This is a top priority for courts. If the visit is something that will enrich the child’s life and make them happy, then the court is likely to grant the grandparents’ wishes.
  • The child had a pre-existing relationship with the grandparents. If your child was close to your ex-husband’s parents, then it is reasonable to allow them to see each other even after your divorce.
  • The parents must agree to the visit. If for some reason both parents agree that it is not a good idea to grant grandparent visitation rights, then the court will determine that it is not in the best interest of the child and will not agree to the request.

California child custody laws are confusing and complex. If you are going through a child custody battle with your ex-spouse or his family, getting help from a San Francisco child support lawyer can make your fight easier. Contact the Law Offices of Paul H. Nathan today to learn more about how we can help you in your struggle.