California Court of Appeal

The trial court's order dismissing a grandmother's petition for visitation with her grandson who had been adopted by his stepfather, is reversed and remanded, where: 1) Family Code section 3104(b) limits grandparent visitation when the parents are married and living together, but subdivision (b)(5) provides an exception where the child has been adopted by a stepparent; 2) the trial court erred in finding that this section violates equal protection principles; and therefore, 3) the grandmother has standing to file her petition.

Appellate Information

• Decided 01/28/2014
• Published 01/28/2014

Judges

• GILBERT

Court

• California Court of Appeal

Counsel