Cal. Codes » Family Code / DIVISION 8. CUSTODY OF CHILDREN / PART 2. RIGHT TO CUSTODY OF MINOR CHILD / CHAPTER 5. Visitation Rights
California Codes

Cal. Family Code § 3102 (2026)

Visitation Rights

✓ current as of May 2026
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(a)If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the visitation would be in the best interest of the minor child.

(b)In granting visitation pursuant to this section to a person other than a grandparent of the child, the court shall consider the amount of personal contact between the person and the child before the application for the visitation order.

(c)This section does not apply if the child has been adopted by a person other than a stepparent or grandparent of the child. Any visitation rights granted pursuant to this section before the adoption of the child automatically terminate if the child is adopted by a person other than a stepparent or grandparent of the child.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1993–2025 · leading case: Punsly v. Ho, 129 Cal. Rptr. 2d 89 (Cal. Ct. App. 2003).
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Punsly v. Ho, 129 Cal. Rptr. 2d 89 (Cal. Ct. App. 2003). · cites it 3× “The trial court agreed, making findings that (1) neither side had engaged in any bad faith or other inappropriate conduct; rather, the Punslys had attempted to assert rights under a statute in a way that it had been applied for years (Fam. Code, § 3102); (2) “[t]he practical…”
Kyle O. v. Donald R., 102 Cal. Rptr. 2d 476 (Cal. Ct. App. 2000). · cites it 4× “1 (Fam. Code, § 3102.) The trial court granted them visitation with Rachel one weekend every month, one week in the summer, one week for their family reunion, and on Mother’s Day and Christmas Eve.”
Fenn v. Sherriff, 1 Cal. Rptr. 3d 185 (Cal. Ct. App. 2003). · cites it 2× “NOTES [1] "If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child's minority upon a finding that the visitation would be in the…”
Vest v. State Ex Rel. New Mexico Human Servs. Dep't, 866 P.2d 1175 (N.M. Ct. App. 1993). · cites it 2× “1, 1994); Cal.Fam.Code § 3102 (1993) (operative Jan.”
Los Angeles Cnty. Dep't of Child. & Fam. Servs. v. Jasmine M., 228 Cal. App. 4th 953 (Cal. Ct. App. 2014). “3d 897 ], the court held that under a related provision (Fam. Code, § 3102), a grandparent seeking to overcome the presumption that a fit parent will act in the best interest of the child must do so by clear and convincing evidence.”
In Re Marriage of Harris, 96 P.3d 141 (Cal. 2004). “) Three California statutes expressly address grandparent visitation: Family Code section 3102, [2] which permits visitation by a deceased parent's children, siblings, parents, and grandparents if such visitation would be in the best interests of the child; section 3103, [3]…”
Ross v. Kelley, 114 Cal. App. 4th 130 (Cal. Ct. App. 2003). · cites it 2× “4th 1099 , this court held that California’s statute authorizing reasonable grandparent visitation with a minor child of a deceased parent upon a finding that such visitation would be in the best *140 interest of the child (Fam. Code, § 3102) 4 was not facially invalid under the…”
Enrique M. v. Angelina V., 174 Cal. App. 4th 1148 (Cal. Ct. App. 2009). “8 Family Code section 3102, subdivision (a) provides: “If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a…”
Hoag v. Diedjomahor, 200 Cal. App. 4th 1008 (Cal. Ct. App. 2011). “) In California, Family Code section 3102, subdivision (a) (section 3102), as relevant here, provides: “If either parent of an unemancipated minor child is *1015 deceased, the .”
Butler v. Harris, 34 Cal. 210 (Cal. 2004). “) Three California statutes expressly address grandparent visitation: Family Code section 3102, 2 which permits visitation by a deceased parent’s children, siblings, parents, and grandparents if such visitation would be in the best interests of the child; section 3103, 3 which…”
Rodriguez v. Rodriguez CA5 (Cal. Ct. App. 2024). · cites it 2× “Family Code section 3102 Under section 3102 of the Family Code, “[i]f either parent of an unemancipated minor child is deceased, the … grandparents of the deceased parent may be granted reasonable visitation with the child during the child’s minority upon a finding that the…”
In Re M.H. ca2/8 (Cal. Ct. App. 2025). “, Fam. Code § 3102 [permitting reasonable visitation by a deceased parent’s children, siblings, parents, and grandparents where the visitation is in the child’s best interest].”
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