Butler v. Harris

Summary

The California Supreme Court considers whether paternal grandparents may obtain court-ordered visitation over the objection of a parent with sole legal and physical custody. It holds that Family Code section 3104, rather than section 3103, governs the post-dissolution visitation request and that section 3104 is constitutional on its face and as applied. The court remands for reconsideration under the statutory rebuttable presumption that visitation is not in the child’s best interest when the sole-custodial parent objects.

Holdings

1. Family Code section 3104, rather than section 3103, governs a grandparent's request for visitation made after entry of a judgment dissolving the marriage and awarding custody of the child.
2. Family Code section 3104 is not unconstitutional on its face under either the federal or California Constitution.
3. Section 3104 does not violate the federal or California Constitution as applied to grandparent visitation supported by one living parent but opposed by the parent with sole legal and physical custody.
4. Because the mother had sole legal and physical custody and objected to grandparent visitation, the grandparents were required to overcome the rebuttable presumption under Family Code section 3104, subdivision (f), that visitation was not in the child's best interest.

Questions Presented

1. Whether Family Code section 3103 or section 3104 governed the paternal grandparents' request for visitation after entry of the judgment dissolving the marriage and awarding the mother sole custody.
2. Whether Family Code section 3104 was unconstitutional on its face under the federal or California Constitution.
3. Whether Family Code section 3104 was unconstitutional as applied to an order for grandparent visitation supported by one parent but opposed by the parent with sole legal and physical custody.
4. Whether the superior court was required to apply the rebuttable presumption under Family Code section 3104, subdivision (f), that visitation was not in the child's best interest.

Disposition

reversed_and_remanded