Adoption of Berman

Appellants, Eugene Blymyer and Carlotta Blymyer, appeal from (1) order of the San Mateo County Superior Court, and (2) Judgment of the Alameda County Superior Court.

Questions Presented:

1. The court did not err in denying appellants’ motion to set aside stepparent adoption.

2. The court did not err in denying the grandparents visitation rights with the grandchildren.

Record:

Respondent Peter P. Berman is the father, and Carole Berman, deceased, was the mother of David Berman, aged nine years at the time of this litigation, and Julie Berman then aged five years. Carole Berman died February 15, 1971, after a protracted illness. She had been separated from her husband for almost the entire duration of her illness. In a pending action for dissolution of the marriage, Carole had been granted pendente lite custody of the children. The two children had been intermittently for about two years in the actual care and custody of their maternal grandparents, appellants Eugene and Carlotta Blymyer. During the last eight months of the mother’s illness, the children were cared for exclusively by appellants and Nancy and Harold Lewis, aunt and uncle of the children. On February 16…