Sometimes, it is necessary for a grandparent to receive visitation to be a part of a child’s life. However, as you will find in California custody court, not every situation calls for grandparent visitation when considering the best interests of the child. When certain conditions are met, a grandparent may receive visitation or custody of a child based on these best interests.
How Best Interests of the Child is Decided
The court will always consider the best interests of the child when they are considering whether or not a grandparent should have custody or visitation. However, this encompasses a wide range of factors, and each state handles them very differently. Some of the most common include:
- Needs of the child that benefit them physically and emotionally, as well as their overall safety
- The capability of the grandparents to meet the needs of the child
- The wishes of both parents and grandparents
- Strength of relationship the grandparents have with the child
- Evidence of abuse or neglect by any members
- The child’s overall adjustment in regards to home and school
- Distance of grandparents from child
In some cases, the grandparent will be able to show the court that the parent of the child is unfit, most commonly seen in abuse cases. If this happens, and there is evidence of such, the court is most likely to grant rights to the grandparents, sometimes even permanent custody.
If you believe that your grandparent visitation matters are not meant for the courtroom, you may have another option available: mediation. Because you may want your relationship to be just as strong after the visitation is granted as it was before, mediation may be the best choice for you, as a qualified professional will handle your case. We have seen many mediation cases and urge you to speak with us today about what may be best in your case.
The laws are always changing on grandparent visitation, so call us today. We will help you every step of the way.