Bains

DISCUSSION

Plaintiff contends the trial court erred because it did not give enough weight to the wishes of father, who had shared physical and legal custody of his granddaughter, and instead deferred to the wishes of mother. We disagree. Plaintiff based his request for visitation on Family Code1 section 3104, which permits the trial court to grant reasonable visitation rights to the grandparent if the court (1) “[f]inds that there is a preexisting relationship between the grandparent and the

Further undesignated section references are to the Family Code.

2 grandchild that has engendered a bond such that visitation is in the best interest of the child” and (2) “[b]alances the interest of the child in having visitation with the grandparent against the right of the parents to exercise their parental authority.” The fact a parent may object is not an absolute bar to visitation under United States Supreme Court authority. “ ‘The decision of [the parents] about whether and under what conditions grandparents should have visitation with their grandchildren is entitled to “special weight” under [United States Supreme Court authority]—assuming both are fit parents—but no more.’ ”…