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Legal Opinion

Marckwardt v. Superior Court

California Court of Appeal

Decided January 4, 1984No. Civ. 69194PublishedCited by 6 opinions

1Opinion of the Court

Opinion

SCHAUER, P. J.

We must determine whether the Legislature, in recently extending the jurisdiction of the family court to grant a spouse visitation rights to “a minor child of the other [spouse]” (Civ. Code, § 4351.5), empowered the court to award a natural father visitation of his children after their adoption by his former wife’s new husband.

Facts

Real party in interest Robert Soto (Soto) is the natural father of Kimberly Marckwardt and Melodie Marckwardt, ages seven and eight respectively. Their mother, Linda Marckwardt, obtained a decree of marital dissolution from Soto in 1981. The…

2Cases cited10 opinions

  1. In Re BGCalifornia Supreme Court · 1974
  2. Monterey Club v. Superior CourtCalifornia Court of Appeal · 1941
  3. In Re Marriage of O'ConnellCalifornia Court of Appeal · 1978
  4. Perry v. Superior CourtCalifornia Court of Appeal · 1980
  5. Younger v. YoungerCalifornia Supreme Court · 1895

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3Cited by6 opinions

  1. Church of Scientology of California v. Michael J. FlynnCourt of Appeals for the Ninth Circuit · 1984
  2. People in Interest of SAHSouth Dakota Supreme Court · 1995
  3. Huffman v. GrobCalifornia Court of Appeal · 1985
  4. Fresno County Department of Social Services v. Leanne W.California Court of Appeal · 1999
  5. People in Interest of SAHSouth Dakota Supreme Court · 1995

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