Herbst

Appellant Jeana Herbst appeals from an order dismissing her Family Code section 3102 petition seeking visitation with her unemancipated minor half sibling, Jake Herbst. Section 3102 provides that a court may order visitation for a sibling of an unemancipated minor upon a court finding that one of the parents of the minor is deceased and visitation with the sibling would be in the minor’s best interests. Relying on Troxel v. Granville (2000) 530 U.S. 57 [ 120 S.Ct. 2054 , 147 L.Ed.2d 49 ] (Troxel), the trial court concluded that section 3102 was unconstitutional because it infringes upon the liberty interest of the surviving parent over control of the minor. Given the facts presented, we agree with the trial court and we affirm.

Facts

Appellant, an adult, and Jake, age six years, have the same father, Ralph Herbst, but different mothers. Respondent Charlene Swan is Jake’s mother. Ralph passed away on July 12, 1999. On December 12, 2000, appellant filed a petition pursuant to section 3102, for visitation with Jake. She alleged that prior to the death of her and her brother’s father, Ralph Herbst, the half siblings saw each other regularly, but that after their father’s…