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Grandparent Issues: California

Grandparent Rights to Visitation: If parent deceased, parents and grandparents of the deceased parent get visitation if in child's best interest. Otherwise, parents must be divorced or currently living separately and apart on a permanent or indefinite basis, one parent absent for over a month and the other parent does not know that parent's whereabouts, one parent must join in the petition with the grandparents, or the child must not be residing with either parent. Court must also find that there is a preexisting relationship between the grandparents and the grandchild such that visitation is in the child's best interest, and the court must balance the interest of the child in having visitation with the parents' right to exercise their parental authority. There is a rebuttable presumption that visitation is not in the best interest of the child if both parents agree that the grandparent should notbe granted visitation. Farrdly Code, Section 3100 et seq. (Family Code §3100 et seq.

When Adoption Occurs: Natural grandparents may still get visitation.

Child Custody Statutes: Factors: (1) child's preference (if child is old enough); (2) desire and ability of each parent to allow relationship with other parent, and (3) child's health, safety and welfare. Family Code § 3020-3424.

Parents May Choose: Yes

Featured Download Manuals:The Download Center
The Grandparent's Rights Manual
The Child Support Obligations of Grandparents
Interference as Grounds for Modification
The Rights and Responsibilities of Stepparents
Sibling Visitation Rights
Parent's Ability & Willingness to Cooperate

Featured Books:The Divorce Bookstore
Grandparents Rights
The Father's Child Custody Handbook
The Mother's Child Custody Handbook
The Child Custody Strategies for Men and Women
Helping Your Children Cope With Divorce
Helping Children Cope With Divorce the Sandcastles Way

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Divorce Tip: # 23Marriage is an economic partnership. Much like a business relationship. Each state has unique, but similar statutes that clearly define how the distribution of property occurs when you decide to get a divorce. A lot of these statutes are available right online! Sponsored by: DivorceDex.com


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