California Court of Appeal

In a father's appeal raising equal protection and substantive due process challenges to an order allowing visitation of his daughter by paternal grandparents, the trial court's order on findings there is a preexisting relationship between child and her paternal grandparents and it is in child's best interest to continue to have contact with the grandparents is affirmed where: 1) the equal protection issue is forfeited for failure to present any argument on this point in the trial court and for lack of analysis on appeal as to how father is similarly situated with parents who are not subject to a grandparent visitation petition; and 2) as to substantive due process, Family Code section 3104 permissibly reflects a legitimate state interest in preserving an already existing grandparent-grandchild relationship that is threatened but in the best interest of the grandchild to safeguard.

Appellate Information

• Published 2016/02/05

Judges

• HOCH

Court

• California Court of Appeal

Counsel