CALIFORNIA FAMILY LAW
...Custody and Visitation
......Visitation
.........Nonparents
............Grandparent Visitation
 20 Cards On This Topic:
  • Grandparent visitation summarized.
  • Grandparents have visitation rights when related parent is deceased.
  • Conditions for grandparent visitation.
  • Wash. statute which allows any person to petition for visitation is overbroad, unconstitutionally infringing on fundamental right of parents to rear their children.
  • Grandparents, who were also de facto parents, had no substantive due process right to visit grandchildren when they were dependents of court, and CPS and children's mother agreed visitation should cease.
  • Superior court must reconsider grandparent visitation order in light of FC 3104 rebuttable presumption that grandparent visitation is not in child's best interest.
  • GM has standing to petition for visitation of C under plain language of FC 3104(b)(5) because C was adopted by stepfather; GM must still overcome FC 3104(e) presumption against visitation.
  • As GPs failed to show clear and convincing evidence that, despite H's molestation objections, unsupervised visitation with them was in Cs' best interest, trial court erred in ordering visitation under FC 3102.
  • Where H objected to visitation by deceased W's mother to spite her, admitting her visitation would be in Cs' best interest, presumption that he was acting in their best interest was overcome, and GM properly granted visitation.
  • To overcome presumption that a fit parent will act in C's best interest, GP has BOP to show, by clear and convincing evidence, that denial of GP visitation is not in C's best interest, i.e., denial of visitation would be detrimental to C.
  • Trial court abused its discretion by denying stipulated grandparent visitation based on erroneous legal conclusion that, under Troxel v. Granville and Punsly v. Ho, it had no power to order such visitation.
  • FC 3102 is constitutional even though it may allow for court-ordered grandparent visitation over objection of two fit parents.
  • 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 under Troxel.
  • Given mother's parental fitness & willingness to schedule visits plus ct.'s erroneous presumption that visitation with grandparents in C's best interests, applying Fam. Code §3102 unduly infringed upon her 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.
  • Court cannot entertain independent action by grandparent for visitation except under specific statutory authority.
  • Visitation rights may be accorded to grandparents over objection of natural parents.
  • Court has jurisdiction to order stipulated visitation for grandparents and then to modify and enforce its order.
  • No jurisdiction in dissolution to order grandparent visitation after death of parent who is unrelated to the grandparent.


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