Mills-Luiz

BACKGROUND

The background is summarized from the documents filed in connection with grandmother’s petition for visitation and from the trial court’s written decision following the unreported evidentiary hearing on that petition. Mother and father lived together at the time of their son’s birth in April 2007, and for a few months thereafter, in an apartment across the street from grandmother’s home. During those months, grandmother had daily contact with her grandchild. After mother and father moved away, grandmother cared for grandchild while his parents attended community college classes. When grandchild was 10 months old, mother and father separated. Father died in March 2008. Grandmother filed a civil petition to be appointed grandchild’s guardian ad litem for purposes of probating father’s estate. In 2008 and 2009, grandmother continued to have contact with grandchild, although the parties disagree about the frequency. Grandmother testified she spent 30 to 35 weekends (including partial and daytime visits) during 2008 and 44 full or partial weekends in 2009 with grandchild; mother testified grandchild was with grandmother only 20 weekends in 2008 and 24 weekends in 2009. For…