James W. v. Claudine W.

Opinion

PERREN, J.

David H. appeals an order allowing visitation between his son C.H. and C.H.’s stepfather, James W. David challenges the constitutionality *71of Family Code section 31011 which gives the trial court discretion to order stepparent visitation. We hold that the application of section 3101 in this case violated David’s substantive due process right to the care, custody and control of his child by failing to apply a presumption that a parent’s decision regarding visitation is in the best interest of the child. (Troxel v. Granville (2000) 530 U.S. 57 [147 L.Ed.2d 49, 120 S.Ct. 2054]…