Kyle O. v. Donald R.

After Kimberly O. died while proceedings were pending with respect to the dissolution of her marriage to Kyle O., Kimberly’s parents, Donald and Rosemary R., sought a court order giving them a visitation schedule with their granddaughter, Rachel O. (Fam. Code, § 3102.) The trial court granted them visitation with Rachel one weekend every month, one week in the summer, one week for their family reunion, and on Mother’s Day and Christmas Eve.

On appeal, Kyle contends the visitation order must be reversed because the statute that authorized it, Family Code section 3102, is unconstitutional. In the alternative, he claims the trial court abused its discretion in ordering visitation in light of what he asserts is the “pervasively hostile and harmful” situation that the grandparents have “created.” Lastly, Kyle argues the court erred in awarding them $7,000 in attorney fees.

While the appeal was pending, the United States Supreme Court issued its decision in Troxel v. Granville (2000) 530 U.S. 57 [ 120 S.Ct. 2054 , 147 L.Ed.2d 49 ]] (hereafter Troxel), which addressed a parent’s challenge to a Washington statute that permits visitation by a nonparent if the visitation is in…