In Re Guardianship of ZCW

California Court of Appeal Apr 19, 1999 No. A079097Published

Before: Hanlon

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Holding. The court held that a nonparent in a same-sex relationship lacks standing to seek court-ordered visitation or guardianship over a biological parent's objection absent a showing that parental custody is detrimental to the child, noting that such rights must be established by the Legislature.

Issues

Whether a nonparent in a same-sex relationship has standing to seek visitation or guardianship over the objection of the biological parent.
Whether the status of 'de facto parent' entitles a nonparent to visitation rights in the absence of a finding of detriment to the child.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We conclude that this issue is more appropriately addressed to the Legislature and that appellant is not entitled to any relief here.”

“The Legislature has not conferred upon one in plaintiffs position, a nonparent in a samesex bilateral relationship, any right of custody or visitation upon termination of the relationship.”

“Further, there is no statutory authority for a limited guardianship providing for visitation rights to a nonparent.”

84 Cal.Rptr.2d 48 (1999) 71 Cal.App.4th 524 Guardianship of Z.C.W. and K.G.W.

Kathleen C, Petitioner and Appellant,

Lisa W., Objector and Respondent.

No. A079097. Court of Appeal, First District, Division Four.

April 19, 1999. Rehearing Denied May 18, 1999. Review Denied July 21, 1999.[**] [49] Jennifer Jackson, Law Offices of James P. Preovolos, San Francisco; Law Office of Alice Philipson, Alice Philipson, Attorney at Law, Berkeley; E. Elizabeth Summers, Bien & Summers LLP, Oakland, for Petitioner and Appellant Kathleen C.

Shannon Minter, for National Center for Lesbians Rights, as Amicus Curiae on behalf of Petitioner and Appellant.

Kelli M. Evans, for American Civil Liberties Union Foundation of Northern California, Inc., as Amicus Curiae on behalf of Petitioner and Appellant Kathleen C.

Carol Amyx, Berkeley, Attorney at Law, for Objector and Respondent Lisa W.

Shannan L. Wilber, for Youth Law Center, as Amicus Curiae on behalf of Minors.

Joan Heifetz Hollinger, Professor, as Amicus Curiae on behalf of Minors.

Donna Furth, Attorney at Law, San Francisco, as Amicus Curiae on behalf of Minors.

Claudia Jackson and Karen Jones-Mason, San Francisco, Legal Services for Children, as Amicus Curiae on behalf of Minors.

Shawna Schwarz, Legal Advocates for Children & Youth, for the Youth Law Center, Joan Heifetz Hollinger, Legal Services for Children, Legal Advocates for Children and Youth, and the Northern California Association of Counsel for Children, Amicus Curiae in support of the minor children, Z.C.W. & K.G.W.

Certified for Partial Publication.[*]

HANLON, P.J.

In this guardianship proceeding, Kathleen C. (appellant), seeks visitation rights with the children of respondent Lisa W. She contends that she is entitled to visitation rights despite the objections of respondent, the children's biological mother, because she is the lesbian de facto parent of the children. We conclude that this issue is more appropriately addressed to the Legislature and that appellant is not entitled to any relief here.

In Re Guardianship of ZCW

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HANLON, P.J.

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FACTUAL BACKGROUND

DISCUSSION

DISPOSITION

NOTES

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