In any divorce case, its important for individuals to understand that the judge has discretion and wide ranging authority to make orders. Most of the time, it is my experience that client’s do not understand how much authority the judges have to make orders in any area of the case.

Whether it is custody, permanent spousal support, or attorney fees, judges as the trier of fact have a lot of leverage to make orders in the best interest of the children and/or on conflicting facts. For that reason, it is important to seek the advice of a local attorney that can help a party navigate through this process and one that will understand the judge assigned to the case.

For more information and a free consultation, please contact one of our experienced and aggressive attorneys at 800-589-9901 or info@dieferlaw.com.

California courts have held that the right to a parent belongs to the child. As such, any agreement between the parties to terminate a parent’s rights is subject to judicial scrutiny. In short, without a proper finding by a court that it is in a child’s best interest to terminate a parent’s right any agreement by the parents that intends to terminate or “give up” one of the parent’s parental rights is void.

Furthermore, public policy disfavors termination of parental rights. It is in societies best interest to have the biological parents support a minor child and not tax payers. Thus, terminating a parent’s rights also relieves that parent from the financial responsibility to provide for the child. Should the remaining parent be incapable to provide for the child, public assistance would be necessary for the minor.

If parents wish to enter into an agreement terminating parental rights, they need to seek legal advice on the process and evidence needed to show that such agreement is in the child’s best interest.

For more information, please feel free to contact one of our attorneys at 800-589-9901 or info@dieferlaw.com.

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 info@dieferlaw.com.