Theisen
Theisen v. Lopez
Opinion
Lead Opinion
Racanelli, J.
This appeal raises the question whether visitation rights may be granted in a guardianship proceeding to an interested but unrelated person. We decide that question affirmatively but will conclude that petitioner has filed his petition in the wrong proceeding.
Facts
In June 1986, the natural mother of four-year-old Martha M. committed suicide. Leonor Lopez, the child’s maternal grandmother, assumed physical *911 custody and care of Martha. Kenneth Theisen petitioned for guardianship of Martha, asserting that he had been a “close friend” of her mother for the past three years and had contributed to the support of Martha, with whom he had developed a loving relationship. He considered himself Martha’s “psychological father.”
In a separate proceeding, the court appointed Leonor Lopez as Martha’s guardian. Although the court denied Kenneth Theisen’s separate petition, it referred the matter to family court services for an evaluation of his visitation rights.
Thereafter, Theisen filed a “petition for visitation” with Martha. Leonor Lopez opposed the petition on the ground that Theisen was a “stranger,” without standing to obtain visitation rights. The trial court…