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HomeFamily CodeDiv. 8Pt. 2Ch. 5§ 3102 Deceased Parent Family Visitation

§ 3102 Deceased Parent Family Visitation

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 3102 Deceased Parent Family Visitation

This law lets certain family members of a deceased parent visit their minor child if it's good for the child.

Key Takeaways

  • •Family like siblings, parents, or grandparents of a deceased parent can ask to visit the child.
  • •The court checks if the visit is good for the child before allowing it.
  • •If the child is adopted by someone who isn't a stepparent or grandparent, these visitation rights end.

Example

A child's mom passes away, and the mom's sister wants to keep seeing the child.

The court can allow the aunt to visit the child if it's good for the child's well-being.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 3102 Deceased Parent Family Visitation

(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. (Amended by Stats. 1994, Ch. 164, Sec. 1. Effective January 1, 1995.)

Last verified: January 9, 2026

Key Terms

unemancipated minor childreasonable visitationbest interest of the minor childpersonal contactadopted by a person other than a stepparent or grandparent

Related Statutes

  • § 1000 Spousal Liability Exceptions
  • § 17800 Child Support Complaint Process
  • § 17801 Child Support Complaint Appeals
  • § 17803 Parent Decision Review Petition
  • § 17804 Child Support Complaint Resolution

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 3102.
View Official Source