San Francisco Family Law Blog

One of the greatest gifts that your children can give you are grandchildren. Your love for them can often be equally as strong as that which they share with their parents. The same may often be said about the relationship you establish with them in San Francisco. Is it fair, then, that your rights to have access to your grandkids change when familial circumstances shift? 

According to California law, the answer to that question is no. You (as a grandparent) have the right to request visitation with your grandchildren if and when their parents divorce. To qualify, however, you must be able to show to the court that you have "engendered a bond" with them. Such a bond is assumed to be present if it is proven that severing your ties with your grandkids could cause them serious emotional harm and distress. When considering this, the court must also determine whether or not your continual presence in your grandchildren's lives might serve to undermine their parents' authority. 

When it comes to custody decisions in a divorce, California judges base their decision on the child’s best interests. To determine where those interests lie, a judge must ask parents several questions that may make you uncomfortable at first. However, as your attorney can tell you, being open and honest is always best. Your attorney should prepare you for these questions, which require you to go into detail about your financial situation, as well as your ongoing relationship with the other parent.

Verywell Family notes that you should be prepared to discuss what type of custody plan you want and why. Courts are likely to prefer a joint arrangement that allows both parents time to maintain a relationship with the child. If you plan to ask for sole custody, you must be prepared to explain why and give evidence to support your application.

Many people in California who get married these days have been married before. Whether their first marriage ended via divorce or the death of the other spouse, they may want to take extra care before walking down the aisle a second time, especially if they have children from their first marriage. Many complexities can arise when blending families and one of these includes how a person's estate is split up after they die. Perhaps surprising to some is that a premarital contract may be highly useful in identifying this.

As AARP explains, a premarital contract is not simply a vehicle by which a person protects themselves in the event of a future divorce. It may also act as a valuable estate planning tool. For a remarried person, there may be a natural desire to provide for their new spouse after death. At the same,time, people generally want to leave something to their children after they die. A prenup can be a great way of identifying what goes to a spouse and what goes to a child.

Your California employer just gave you a big promotion with a big salary hike and life is looking great. Only one catch: Your new job is in another state. Since you are a divorced parent, now what? Can you and your child(ren) relocate with no problems? Unfortunately, the answer may depend on how your ex-spouse reacts to your proposed move.

Before you panic, find your divorce decree and do the following:

• Check it to verify that the court awarded you primary physical custody, also called sole physical custody, of your child(ren). If so, so far so good. If it awards joint physical custody to you and your ex-spouse, either (s)he must agree to your move or the two of you must fight it out in court. 
• Next check to see whether or not the decree contains any restrictions regarding a post-divorce relocation. If not, you are still on track. If it does, you will need to convince a judge that (s)he should lift the restriction(s).
• Figure out how to go about talking with your ex-spouse so as to make the best possible case for your relocation, including how it will benefit your child(ren) as well as you.