Finberg v. Manset
167 Cal. Rptr. 3d 109
Cal. Ct. App.2014Background
- Joyce Finberg, paternal grandmother, sought grandparent visitation with her grandson J. after he was adopted by his stepfather, Philip Manset; J.'s mother Pollyana and Philip opposed visitation.
- J. was born to Pollyana and Anthony (divorced); Pollyana later married Philip, who adopted J. in 2009 after Anthony's parental rights were terminated.
- Finberg alleges a longstanding close bond with J. (and his half-siblings) and was once J.'s primary caregiver; Mansets contend Finberg became controlling and undermined their parenting.
- After family conflict and a restraining order request by Philip, Finberg filed a petition under Family Code § 3104 for grandparent visitation; Mansets moved to dismiss for lack of standing because the parents are married and living together.
- Section 3104(b)(5) (added in 2006) allows a grandparent petition when “the child has been adopted by a stepparent”; the trial court dismissed the petition, concluding that (b)(5) violated equal protection and thus Finberg lacked standing.
- The Court of Appeal reversed, holding (1) Finberg has standing under § 3104(b)(5) and (2) (b)(5) does not violate federal or state equal protection principles, so the petition must be considered on the merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does § 3104(b)(5) permit Finberg to file a grandparent visitation petition after a stepparent adoption? | Finberg: § 3104(b)(5) expressly allows a petition because J. was adopted by a stepparent. | Manset: After adoption, parental rights/status is equivalent to biological parents; thus no special exception should apply. | Held: Yes. § 3104(b)(5) plainly grants standing to grandparents of children adopted by a stepparent; Finberg may petition. |
| Does § 3104(b)(5) violate equal protection by discriminating between adoptive and biological parents? | Finberg: Legislature can rationally treat stepparent adoptions differently to protect preexisting grandparent relationships. | Manset: Adoptive parents are legally equivalent to biological parents; treating them differently lacks a rational basis and violates equal protection. | Held: No violation. Classification is rationally related to legitimate interest in child welfare and preserving grandparent bonds; rational basis applies. |
Key Cases Cited
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (parents have a fundamental right to make child-rearing decisions under the Due Process Clause)
- Lopez v. Martinez, 85 Cal.App.4th 279 (Cal. Ct. App. 2000) (prior case where stepparent adoption terminated existing grandparent visitation ordered under § 3104)
- Fenn v. Sherriff, 109 Cal.App.4th 1466 (Cal. Ct. App. 2003) (applied rational basis to grandparent visitation statute where parental rights were only incidentally burdened)
- In re Marriage of Harris, 34 Cal.4th 210 (Cal. 2004) (grandparent visitation is statutory and limited)
- D'Amico v. Board of Medical Examiners, 11 Cal.3d 1 (Cal. 1974) (rational relationship standard for statutory classifications)