What is the test for a court to consider a parent's best interests when making a decision on grandparent visitation?

California, United States of America


The following excerpt is from Aaron M. v. East, C072899 (Cal. App. 2014):

"[T]]he decision whether . . . an intergenerational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parent's decision [regarding grandparent visitation] becomes subject to judicial review, the court must accord at least some special weight to the parent's own determination." (Troxel v. Granville (2000) 530 U.S. 57, 70 [147 L.Ed.2d 49, 59].) This requirement is a function of substantive due process, which gives constitutional protection to the "right of parents to make decisions concerning the care, custody, and control of their children." (Id. at p. 66 [147 L.Ed.2d at p.57].) The court thus invalidated a Washington statute that considered only the child's best interests in visitation with any party, without giving any consideration to the wishes of the fit parent of the child. (Id. at pp. 67-70 [suggesting that 3104 is a statute that by contrast gives proper protection to constitutional right of parent].)

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