Grandparent Visitation After Divorce.

A mother and a father had a child and later divorced. The mother later married someoneelse, and they had children. The child’s paternal grandmother, who was formerly the child’s caregiver, petitioned the superior court for child visitation. Family Code section 3104, limits grandparent visitation when the parents are married and living together, but provides an exception where the child has been adopted by a stepparent. The trial court found 3104 violates equal protection principles because biological and adoptive parents are treated differently, and concluded the grandmother lacked standing to bring her petition. Concluding the Legislature had legitimate and rational reasons for the statute, the appellate court reversed. (Finberg v. Manset (Cal. App. Second Dist., Div. 6; January 28, 2014) 223 Cal.App.4th 529, [167 Cal.Rptr.3d 109].)