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IN RE MARRIAGE OF W.

No. B161235.

7 Cal.Rptr.3d 461 (2003)

114 Cal.App.4th 68

In re MARRIAGE OF James and Claudine W. James W., Respondent, v. Claudine W., Respondent; David H., Appellant.

Court of Appeals of California, Second District, Division Six.

December 9, 2003.

Attorney(s) appearing for the Case

Misho, Kirker & Brown and Vanessa Kirker, Santa Barbara, for Appellant.

Law Office of Tammi L. Faulks and Tammi L. Faulks, Costa Mesa, for Respondent James W.

No appearance for Respondent Claudine W.

Certified for Partial Publication.*

PERREN, J.

David H. appeals an order allowing visitation between his son C.H. and C.H.'s stepfather, James W. David challenges the constitutionality of Family Code section 31011 which gives the trial court discretion to order stepparent visitation. We hold that the application of section 3101 in this case violated David...

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