Theisen v. Lopez

Opinion

RACANELLI, P. J.

This appeal raises the question whether visitation rights may be granted in a guardianship proceeding to an interested but unrelated person. We decide that question affirmatively but will conclude that petitioner has filed his petition in the wrong proceeding.

Facts

In June 1986, the natural mother of four-year-old Martha M. committed suicide. Leonor Lopez, the child’s maternal grandmother, assumed physical *911custody and care of Martha. Kenneth Theisen petitioned for guardianship of Martha, asserting that he had been a “close friend” of her mother for the past three years…