Rich v. Thatcher
200 Cal. App. 4th 1176
Cal. Ct. App.2011Background
- Mother has physical custody of the grandchild; grandmother seeks grandparent visitation under §3102.1.
- Grandmother and mother have a longstanding estrangement, including disputes over the deceased father and his drug history.
- Father died in 2010; grandmother disputed the coroner’s suicide determination and publicized accusations regarding mother.
- Trial court granted grandmother joinder and held a full evidentiary hearing on visitation in June 2010.
- The court denied visitation, citing lack of clear and convincing evidence that denial would be detrimental and that visitation would not be in the grandchild’s best interests.
- On appeal, the appellate court affirms, upholding the statutory presumption in favor of the fit surviving parent and the higher burden of proof.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether clear and convincing proof is required to overcome the presumption | Grandmother argues the burden is not clearly set at compelling level. | Mother argues presumption favors the parent; higher burden is appropriate. | Clear and convincing burden applies. |
| Whether denial of visitation would be detrimental to the grandchild | Grandmother contends denial would be detrimental. | Mother asserts no detriment shown and mother acts in best interest. | Denial must be shown detrimental; burden met in this case not shown. |
| Whether the court's best interests analysis supports the decision | Grandmother claims best interests favored visitation. | Mother asserts best interests favor non-visitation amid animosity. | Court properly declined visitation; relevant best-interest factors support denial. |
Key Cases Cited
- In re Marriage of Harris, 34 Cal.4th 210 (2004) (grandparents' visitation statute requires strong showing; presumption in favor of parent)
- In re Marriage of W., 114 Cal.App.4th 68 (2003) (presumption for fit parent; nonparent visitation requires showing detrimental effect)
- Fenn v. Sherriff, 109 Cal.App.4th 1466 (2003) (discusses burden and standard for nonparent visitation)
- Kaldenbach v. Mutual of Omaha Life Ins. Co., 178 Cal.App.4th 830 (2009) (adopts reasoning that factual support for ruling can rely on alternative grounds)
- In re Jasmine D., 78 Cal.App.4th 1339 (2000) (abuse of discretion standard in reviewing visitation orders)