California Court of Appeal

The application of Family Code section 3101 in an ordered visitation arrangement for grandparents violated the father's substantive due process right to the care, custody and control of his child by failing to apply a presumption that a parent's decision regarding visitation is in the best interest of the child.

Appellate Information

• Decided 12/09/2003
• Published 12/09/2003

Judges

• PERREN, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
•  Misho, Kirker & Brown and Vanessa Kirker, Santa Barbara, for Appellant.


• For Appellees:
  
• Law Office of Tammi L. Faulks and Tammi L. Faulks, Costa Mesa, for Respondent James W., No appearance for Respondent Claudine W.