CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
.........More Than Two Parents
6 Cards On This Topic:
Child may have more than two parents.
A Kelsey S. father is not entitled to third parent status where there is no preexisting father-child relationship.
Conclusive presumption of paternity in an intact marriage does not preclude finding another to be a third parent.
Trial ct. erred in finding third parent under FC §7612(c) where it misapplied detriment to child and third parent had no existing relationship with child; remand required to determine presumed father.
Substantial evidence supported juv. court's finding that FC §7612(c) did not apply to boyfriend as he failed to show existing parent - child relationship with Cs such that recognizing only two parents would be detrimental under Donovan L.
Given juvenile court's determination that biological F and C lacked an existing parent-child relationship, court erred in applying section FC §7612(c) to find F was C's presumed F and 3d parent.