1012. If a parent is deceased or cannot decide
If a parent of a minor child is deceased, physically or mentally incapable of making a decision or has abandoned the child, a grandparent of the child may commence an action in superior court in the county in which the custodian of the child resides to obtain visitation rights. The action shall promptly be tried without a jury in the same manner as a divorce case. The custodian of the child shall be the party defendant. In the event that the custodian of the child is not the parent of the child, the parent shall also be joined as a party defendant.