Parental Rights in California

California Parental Rights News

Oklahoma House Chamber

Legislative Update and a Big Surprise

April 16, 2019

This legislative season has been something of a mixed bag, with some victories, some disappointments, some challenges, and one particular story that took us by surprise. Some Victories In Oklahoma, the Parental Rights Amendment (PRA) resolution, SCR 1, passed the House of Representatives by unanimous consent on April 3, making Oklahoma the seventh state to…

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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.

(See also sections 3102, 3104)

California Education Code §§ 51938–39 require parental notification and allow parental opt-out for sex education.

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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.