Legal Opinion

Ian J. v. Peter M.

California Court of Appeal

Decided January 29, 2013No. D060197PublishedCited by 3 opinions

1Opinion of the Court

Opinion

BENKE, J.

In this contentious dispute over grandparent visitation, the family court entered an order which improperly invades appellant’s constitutionally protected right to determine who and under what circumstances individuals may have contact with his daughters, who are now 13 and nine years old.

As we read the cases which have discussed a parent’s constitutional right to limit grandparent visitation, appellant was not required to prove his former father-in-law was guilty of misconduct or was more likely tiran not to harm appellant’s daughters. Rather, because a parent is ultimately…

2Cases cited5 opinions

  1. Troxel v. GranvilleSupreme Court of the United States · 2000
  2. Weiner v. FleischmanCalifornia Supreme Court · 1991
  3. In Re Marriage of HarrisCalifornia Supreme Court · 2004
  4. Rich v. ThatcherCalifornia Court of Appeal · 2011
  5. Hoag v. DiedjomahorCalifornia Court of Appeal · 2011

3Cited by3 opinions

  1. Conservatorship of O.B.California Supreme Court · 2020
  2. Conservatorship of O.B.California Supreme Court · 2020
  3. Mills-Luiz v. Thomas CA3California Court of Appeal · 2014

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