White

White v. Jacobs

Good Law
198 Cal. App. 3d 122·1988 Cal. App. LEXIS 55·243 Cal. Rptr. 597·1988 WL 7138
Court of Appeal of CaliforniaFebruary 2, 1988B026225California714 words

Opinion

Opinion

Abbe, J.

We hold that in the absence of express statutory authority the superior court cannot entertain an independent action to order visitation of a grandchild by grandparents over the objection of the child’s parent or parents. We find it unnecessary to address any of the constitutional issues raised by appellant.

Appellant, Ms. Jacobs, is the mother of a minor child, Nicole, born in 1978. Respondents (the Whites) are the child’s maternal grandparents. The Whites brought an action seeking visitation rights with Nicole after a breakdown in their relationship with Ms. Jacobs. Ms. Jacobs and Nicole had resided for intermittent, substantial periods of time with the Whites from the time of Nicole’s birth until Ms. Jacobs’s marriage in early 1985.

Ms. Jacobs and Mr. Jacobs, the child’s stepfather, both objected to visitation by the Whites after earlier efforts to that end were unsuccessful. The hostility between the Jacobs and the Whites apparently resulted in the visitations with the Whites being emotionally traumatic for Nicole. The court granted the Whites’ request and gave them visitation one weekend day per month.

Any rights of grandparents to custody or visitation of…

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