Harnois v. . Prins CA4/1

Filed 4/21/21 Harnois v . Prins CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

REGINA HARNOIS, D077196

Plaintiff and Appellant,

v. (Super. Ct. No. 19FL013176C) JOHN PRINS et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of San Diego County, John B. Scherling, Judge. Affirmed. Regina Harnois, in pro. per, for Plaintiff and Appellant. No appearance for Defendants and Respondents.

Regina Harnois (Grandmother) appeals the family court’s order denying her requests seeking custody of, and visitation with, her four-year- old grandson A.P. (Grandson).1 We affirm.

1 We deem the order denying custody and visitation “an appealable ‘final judgment[ ] as to custody.’ ” (See Enrique M. v. Angelina V. (2004) 121 Cal.App.4th 1371, 1378.)

I. FACTUAL AND PROCEDURAL BACKGROUND In October 2019, Grandmother filed, in propria persona, a petition for grandparent visitation under Family Code section 3104 (undesignated statutory references are to the Family Code).2 She alleged that she is the paternal grandmother of Grandson, whose parents, Mia (Mother) and John (Father) (together, Parents), are currently married and have custody of Grandson. The same day she filed her petition, Grandmother also filed, in propria persona, a request for order (RFO) seeking grandparent visitation. About one week later, Grandmother—now represented by counsel—filed an amended RFO in which she also sought custody of Grandson, and to recover her attorney fees and costs from Parents. In a supporting declaration, Grandmother stated Grandson and Parents had lived with her for most of Grandson’s life, but they abruptly moved out about two weeks before she filed her petition. Grandmother asserted Mother suffered from mental health issues, Father suffered from substance abuse issues, and they neglected and abused Grandson. Grandmother explained in her declaration that, in addition to the present case, she also had “an ongoing Petition for Guardianship in probate