No. 20-349

Fred S. Pardes v. Andrew S. Wienick, et al.

Lower Court: California
Docketed: 2020-09-15
Status: Denied
Type: Paid
Tags: best-interest-standard constitutional-rights emotional-fitness family-law grandparent-alienation grandparent-visitation parental-rights pre-existing-relationship troxel-v-granville
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2020-11-13
Question Presented (from Petition)

1- Whether or not there exists a rebuttable presumption as a general rule, that Grandparent visitation is in the best interest of minor grandchildren, where there was a pre-existing loving and bonded Grandparent relationship, before one parent prematurely passes away during the Grandchild's minority?

2- Whether or not a Family Law Court is obligated to initially evaluate the "Emotional Fitness" of the surviving parent including the validity of the reasons and concerns for the surviving parents' objection to Grandparent visitation, before any analysis under any applicable Grandparent Visitation statutes?

3- Whether or not the lack of any Grandparent contact, from the time of the death of the natural mother up until the time of trial on the Grandparent Visitation Petition, due to the surviving parent's refusal to grant any Grandparent visitation or contact, can be used as a justification for denying Grandparent visitation?

4- Whether or not the surviving parent's punitive and unjustifiable interference with a pre-existing Grandparent-Grandchild loving and bonded relationship, after the premature death of the natural mother, constitutes "Grandparent Alienation" which invalidates the surviving parent's objection to Grandparent visitation, precluding the analysis otherwise required under any Family Law statutes or Troxel?

5- Whether or not a loving and bonding relationship can be established between a Grandparent and a Grandchild, when the time spent with the Grandparent and the Grandchild is only during the post divorce custodial time with the Natural Mother, before she passes away?

Question Presented (AI Summary)

Whether a rebuttable presumption exists that grandparent visitation is in the best interest of minor grandchildren where there was a pre-existing loving relationship before a parent's premature death

Docket Entries

2020-11-16
Petition DENIED.
2020-10-28
DISTRIBUTED for Conference of 11/13/2020.
2020-09-08
Petition for a writ of certiorari filed. (Response due October 15, 2020)

Attorneys

Fred S. Pardes
Fred Steven PardesLaw Offices of Fred S. Pardes, A Professional Corporation, Petitioner