A California Court of Appeals has ruled that a Trial Court did not make a mistake in applying the clear and convincing standard to determine whether a grandmother, who sought visitation over the mothers objection, had successfully rebutted the presumption that fit parents act in child’s best interests. In the case of Rich v. Thatcher, Mother gave birth to Fathers Child in December 2006. Mother, who was never married to Father and had custody of Child, did not get along with Fathers mother, with whom she differed over Fathers long-term drug use, among other things. Father filed a petition to establish his paternity of Child.
In 2010, while that matter was pending, Father died of drug overdose, leaving two suicide notes. After the coroner determined that Fathers death was a suicide, Grandmother refused to believe it and blamed Mother for the death. Later, Grandmother petitioned for joinder in the pending paternity action, seeking visitation with Child under California Family Code Section 3102 [permits grandparent visitation with child of deceased parent if in child’s best interests].
Mother opposed both the joinder and visitation requests, but Trial Court granted the joinder petition. At a lengthy evidentiary hearing in June of 2010, Trial Court heard testimony from nine witnesses, including Grandmother. Trial Court subsequently issued written opinion, finding that, based on the parties declarations and witness testimony, Grandmothers veracity was questionable, Grandmother failed to show “a deep and abiding relationship” with Child, and Grandmother failed to provide clear and convincing evidence to rebut the presumption that Mother was acting in Childs best interests by denying visitation or that doing so would be detrimental to Child. Alternatively, Trial Court concluded that, in light of longstanding animosity between Mother and Grandmother, it would not be in Childs best interests to order visitation over Mothers objections. Therefore, Trial Court denied Grandmothers request for visitation.
Claiming that Trial Court was mistaken in applying the clear and convincing standard and abused its discretion by finding that visitation would not be in Childs best interests, Grandmother appealed. Now, a California Court of Appeals has affirmed Trial Courts decision. The Court of Appeals has ruled that (1) no prior case has determined whether clear and convincing standard applies to rebut the presumption that a fit parent acts in the child’s best interests; (2) higher burden of proof is necessary to give deference to a fit parents constitutional right to make decisions regarding his or her child’s care, custody, and control; (3) Grandmother failed to present sufficient evidence to rebut the presumption that Mother, a fit parent, was acting in Childs best interests and to show that denying visitation would be detrimental to Child; (4) even if Trial Court had applied erroneous standard, its decision would still be affirmed on alternative best-interests grounds. The Court of Appeals holds that appropriate standard of proof for rebutting California Family Code Section 3102 presumption in grandparent visitation cases is clear and convincing evidence.
Bakersfield Learn about Family Law Bakersfield CA Learn about Family Law Kern County Bakersfield CA Kern County Find a Divorce Lawyer Bakersfield CA Bakerfield Child Support Bakersfield CA Bakersfield Child Support Bakersfield CA Bakersfield Adoption Bakersfield CA Abandonments Mojave Bakersfield CA Bakerfield Find Divorce Lawyers Bakersfield CA Restraining Find Divorce Lawyers Bakersfield CA Family Law Advice Visitation Kern County Bakersfield CA Kern County Step-Parent Bakersfield CA Bakersfield Guardianships Shafter Bakersfield CA Bakersfield Divorce Bakersfield CA Top Divorce Attorney Bakersfield CA Spousal Support Lawyers Bakersfield Bakersfield CA
