West v. Superior Court of Sacramento County

Opinion

NICHOLSON, J.

In this case, we revisit the issue of whether the courts have jurisdiction to entertain a nonparent’s petition to establish parental rights to custody and visitation. We conclude they do not.

Barbara West, mother of Cady, petitions for a writ of mandate challenging a temporary order of the trial court granting real party in interest Pamela Lockrem, West’s former lesbian partner, visitation with Cady. We grant the petition and issue the writ.

Facts and Procedure

West and Lockrem entered into a lesbian relationship and, in 1992, decided to raise a child together. West was…