Punsly

Manwah Ho, the mother of Kathryn Punsly, appeals an order granting visitation to Kathryn’s paternal grandparents, Marilyn and Bernard Punsly under Family Code section 3102. Manwah contends section 3102 is unconstitutional, as applied to her, in light of the recent United States Supreme Court case of Troxel v. Granville (2000) 530 U.S. 57 [ 120 S.Ct. 2054 , 147 L.Ed.2d 49 ] (Troxel), a case concerning the constitutionality of a nonparental visitation statute, and TroxeV s appellate progeny. Manwah also contends the court’s ancillary orders attached to the visitation order, independently, violated her constitutional due process rights. We conclude section 3102, as applied in this case, unconstitutionally infringed on Manwah’ s fundamental rights. Accordingly, we reverse the order in its entirety.

Statement of Facts

Manwah married the Punslys’ son, Richard, and they had one child, Kathryn, born in 1990. In 1992, Manwah and Richard divorced and while they shared joint legal and physical custody of Kathryn, Manwah assumed primary physical custody. Richard was diagnosed with bone cancer after the divorce and died in 1996.

Following Richard’s death, the Punslys continued to…