CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Misc. Presumptions: Civil
.........Family Law & Juvenile Presumptions
............Grandparent Visitation
8 Cards On This Topic:

Grandparent visitation presumed not in child's best interests if parents agree it should not be awarded.

Wash. statute which allows any person to petition for visitation is overbroad, unconstitutionally infringing on fundamental right of parents to rear their children.

Given mother's fitness as parent and court's erroneous presumption that grandparent visitation was in C's best interests, application of FC 3102 unduly infringed upon mother's fundamental parenting rights.

Trial court violated Father's parental rights under DP Clause by ordering grandparent visitation; Fam Code §3100 unconstitutional as applied.

Stepparent adoption is change of circumstances under Fam. Code §3104, mandating court to terminate grandparents' visitation upon parental request.

Presumption against grandparental visitation rights operates when child's parents object.

Given mother's parental fitness and willingness to schedule visits plus court's erroneous presumption that visitation with grandparents in C's best interests, applying Fam. Code §3102 unduly infringed on fundamental parenting rights.