Parental Rights in California
California Parental Rights News
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California State Law and Parental Rights
At High Risk!
California law does not protect parental rights as fundamental rights. We are actively working in California to prevent further loss of parental rights.
(a) The Legislature finds and declares that a parent's fundamental right to provide for the care, custody, companionship, and management of his or her children, while compelling, is not absolute. Children have a fundamental right to maintain healthy, stable relationships with a person who has served in a significant, judicially approved parental role.
(b) The court may grant reasonable visitation rights to a person who previously served as the legal guardian of a child, if visitation is determined to be in the best interest of the minor child.
Don't Miss a Critical Issue!
California Courts and Parental Rights
At High Risk!
- The California Supreme Court’s ruling in re Marriage of Harris 96 P.3d 141, 149, 151 (Cal. 2004) deprives custodial parents of their constitutional rights to deny grandparent visitation if a non-custodial parent supports it.
- In Fenn v. Sheriff, 1 Cal. Rptr. 3d 185, 201 (Cal. Ct. App. 2003), the CA Court of Appeals found that, in light of Troxel, California Family Code § 3102 allows the court to order grandparent visitation against the wishes of fit parents.