Southern California Family Law Attorney Blog

Court cases for child custody don’t always involve two parents fighting for their child or children. At times, a grandparent in California may feel that they are better suited for raising the child, and may sue the parent(s) for custody of the child(ren). A judge will consider many factors in a child custody case before deciding whom the child will be happier with, and who will care for the child better.

After a lower court granted custody of a four-year-old girl to her paternal grandparents with the reasoning and that the mother was not in the country legally, an appeals court reversed the decision and gave custody of the little girl back to her mother. The grandparents felt they were best suited to raise the girl, possibly because she had been raised in their home until her mother broke up with her boyfriend, who is their son. The son was not involved in the custody case.

At this point in the case, the grandparents have the option to take the case to the state’s Supreme Court, even though it is often true that courts will rule in favor of the biological parent unless the child is in danger or the parent is unfit.

Cases for child custody are very emotional for everyone involved. At the heart of the matter is a child who needs a stable environment. Any parent who feels they can provide a loving and safe home for their child may be angry when someone tries to take the child away from them. Parents involved in custody disputes may want to hire an attorney to make sure their rights are protected and their child is safe.

Source: ABS, "In custody battle, immigration status wasn’t a factor, Minnesota Court of Appeals rules," Abby Simmons, April 12, 2013