Zasueta

Some cases hit closer to home than others. Deciding whether grandparents should have visitation with their grandchildren over the objection of a parent is the type of case that tugs at the hearts of most trial judges, evoking memories of personal experiences with their own families—both good and bad. As a result, the temptation seems to be (more than in other types of cases) to allow the heart to rule over the letter of the law. It is for this reason that we publish here: to remind our district’s able trial bench of the law governing these emotionally difficult cases and the need to set aside personal feelings and experiences when making these rulings.

Stephanie Zasueta, mother of the minor child (the minor child), appeals an order granting visitation to the minor child’s paternal grandparents, Erasmo and Cynthia Zasueta, under Family Code section 3102. Stephanie contends section 3102 is unconstitutional, both facially and as applied. We conclude section 3102, as applied in this case, unconstitutionally infringed on Stephanie’s fundamental rights. Accordingly, we reverse the order in its entirety.

Factual and Procedural Histories

Stephanie and Paul Zasueta were married…