Odell v. Lutz

California Court of Appeal Feb 14, 1947 No. Civ. 15307Published

Before: Wood

AI Brief

AI-generated · verify before citing

Holding. The court held that it lacks the legal authority to compel parents to permit a grandparent to visit a minor child when the parents are fit and have custody, as such an order would infringe upon the parents' fundamental rights.

Issues

Whether a grandparent has a legal right to court-ordered visitation with a minor grandchild against the wishes of fit parents.
Whether a grandparent's status as a trustee for a minor beneficiary grants a legal right to visit the beneficiary.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the court does not have the power to compel the parents to allow the grandmother the right of visitation merely because the relationship is that of grandparent.”

“The law gives no right of action to the grandparents.”

“the right to visit the beneficiary is not necessary for the proper administration of such an estate.”

WOOD, J.

This is an action in declaratory relief to determine whether plaintiff has the right to visit her eight-year-old granddaughter at reasonable times. Judgment was in favor of defendants (the parents and the minor child), and the plaintiff appeals therefrom.

Plaintiff’s daughter, the mother of the child, is deceased. The child’s father remarried, and his wife adopted the child. There is no dispute between the father and his wife as to the custody of the child, or any dispute at all between them, and it was stipulated at the trial that they are fit and proper persons to have custody of the child. It was also stipulated that the grandmother is a fit and proper person. No question of custody is involved. The only question is whether the grandmother is entitled to an order compelling the parents to permit her to visit the child at reasonable times.

The child is the only living descendant of the plaintiff, and is also the sole beneficiary of a trust created by plaintiff’s deceased husband. Plaintiff is the trustee of the trust. The trust estate is of the approximate value of $30,000, and the

[106]

corpus and income of the trust are not payable to the beneficiary until she arrives at the age of 25 years.

Appellant contends that, as the maternal grandmother, she has the right to visit the minor child at reasonable times.

Adoptive parents occupy the same position as the natural parents, with all the rights and duties of that relationship. (Civ. Code, § 228.) One of the natural rights incident to parenthood, a right supported by law and sound public policy, is the right to the care and custody of a minor child.

(In re White,

54 Cal.App.2d 637, 640 [129 P.2d 706].) Although the rights of parenthood are not absolute, but subject to the superior right of the state to intervene and protect the child against abuse of parental authority, the state may not constitutionally interfere with the natural liberty of parents to direct the upbringing of their children. “The judicial power of the state, exercised through its courts, is concerned mainly with the

Odell v. Lutz

AI Brief

WOOD, J.

More from California Court of Appeal

Related research

AI Brief