Butler v. Harris

Opinion

MORENO, J.

The superior court granted extensive visitation rights to the paternal grandparents of a five-year-old girl with the approval of the father but over the objection of the mother, who has sole custody of the child. Applying the United States Supreme Court’s decision in Troxel v. Granville (2000) 530 U.S. 57 [147 L.Ed.2d 49, 120 S.Ct. 2054], the Court of Appeal reversed, holding that the visitation order violated the mother’s constitutional liberty interest in the custody, care, and control of her child.

For the reasons that follow, we conclude that Family Code section 3104…