Many clients will call me to inquire about parental rights. Father rights. Grandparent rights. They want to know what rights they have and how they can enforce their rights.
Simply put, the theory of parental rights, whether for mother or for father, are rooted on the constitutional principle that parents have a right to raise their children. However, parental rights must give way to the “child’s best interest”. While a parent has a right to raise his child, the actual custody order or schedule will be based on what the court believes is in the best interest of the child. As such, the court’s concern is not with parental rights but with the child’s rights and interest.
Generally, a child has the right to spend time with both parents and California presumes that it is in the child’s best interest to have frequent and continuous contact with both parents. Hence, the court will create a schedule that furthers the child’s best interests.
Similarly, courts will grant grandparent petitions for visitation if the court believes it will be in the best interest of the child to continue visitation with a grandparent. Once again, the main concern here is the child. If the court has evidence to believe the child and the grandparent have a close relationship, the court may grant visitation rights. However, it the court does not believe there is a close relationship between a grandparent and a child the court can deny visitation rights since it might be detrimental to the child.
Therefore, in any petition for visitation or custody it is always important to keep in mind the child’s best interest. For more information on parental rights please contact one of our aggressive and caring attorneys. We can be reached at 800-589-9901 or email@example.com.