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People v. Abasta

Supreme Court of California
Jan 3, 2002
115 Cal. Rptr. 2d 191 (Cal. 2002)

Summary

holding that, because the constitutional right of parents to care for their children as they see fit is afforded more protection than the statutory right to visitation of grandparents, it is appropriate to require the higher evidentiary standard of clear and convincing evidence under California's nonparent visitation statute

Summary of this case from In the Matter of the Marriage of Winczewski

Opinion


Page __

__ Cal.4th __ 115 Cal.Rptr.2d 191, 37 P.3d 379 The PEOPLE, Plaintiff and Respondent, v. Rudy Raymond ABASTA, Defendant and Appellant. No. S102143. Supreme Court of California Jan. 3, 2002

         Prior report: Cal.App., 112 Cal.Rptr.2d 320.

         Petition for review GRANTED.

         Further action in this matter is deferred pending consideration and disposition of a related issue in Manduley v. Superior Court, S095992 (see Cal. Rules of Court, rule 29.2(c)), or pending further order of the court. Submission of additional briefing, pursuant to California Rules of Court, rule 29.3, is deferred pending further order of the court.

         Appointment of counsel is deferred pending further order of the court.

         GEORGE, C.J., KENNARD, J., BAXTER, J., WERDEGAR, J., CHIN, J., BROWN, J., and MORENO, J., concur.


Summaries of

People v. Abasta

Supreme Court of California
Jan 3, 2002
115 Cal. Rptr. 2d 191 (Cal. 2002)

holding that, because the constitutional right of parents to care for their children as they see fit is afforded more protection than the statutory right to visitation of grandparents, it is appropriate to require the higher evidentiary standard of clear and convincing evidence under California's nonparent visitation statute

Summary of this case from In the Matter of the Marriage of Winczewski
Case details for

People v. Abasta

Case Details

Full title:The PEOPLE, Plaintiff and Respondent, v. Rudy Raymond ABASTA, Defendant…

Court:Supreme Court of California

Date published: Jan 3, 2002

Citations

115 Cal. Rptr. 2d 191 (Cal. 2002)
37 P.3d 379

Citing Cases

Ex Parte State

See also Brooks v. Parkerson, 265 Ga. 189, 194, 454 S.E.2d 769, 773 (1995) (holding a grandparent-visitation…

In the Matter of the Marriage of Winczewski

See, e.g., In re Marriage of Harris, 92 Cal App. 4th 499 (2001), rev allowed, 115 Cal.Rptr.2d 191 (2002)…