holding that, although Troxel does not so specifically require, California Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child"
Summary of this case from McGovern v. McGovernD036144
Filed September 24, 2001 Petition for REVIEW GRANTED
holding that, although Troxel does not so specifically require, California Constitution requires "grandparent seeking visitation rights over the objection of a fit parent to show by clear and convincing evidence that the parent's decision would be detrimental to the child"
Summary of this case from McGovern v. McGovernconcluding grandparent visitation statute not in per se violation of the Due Process Clause and requiring that the statute be construed to require grandparents to show by clear and convincing evidence that lack of visitation would be detrimental to the child
Summary of this case from In re Custody of C.Mconstruing statutory presumption in favor of the parent's decision to require proof by clear and convincing evidence
Summary of this case from Ex Parte Statelimiting application of grandparent-visitation statute to cases showing harm by clear and convincing evidence
Summary of this case from Ex Parte StateFull title:In re the Marriage of KAREN and CHARLES ERIK HARRIS KAREN BUTLER…
Court:Court of Appeal of California, Fourth District, Division One
Date published: Sep 24, 2001
See also Brooks v. Parkerson, 265 Ga. 189, 194, 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation…
Punsly v. Hoerior court may be published in the Official Reports unless the opinion: [¶] (1) establishes a new rule of…