California is unique in that it allows for three people to be deemed the parents of a child. For example, a child may have a mother and two fathers. Simply because a person is entitled to status as the presumed father of a child does not mean they should be granted parental rights, though. Recently, a California court discussed the factors evaluated in determining whether to grant a party third-parent status in an opinion issued in a matter in which a child’s biological father sought custody rights. If you need assistance with a custody matter, it is advisable to confer with a knowledgeable San Diego child custody lawyer to determine your options for seeking a just outcome.
The History of the Case
It is reported that in 2015, the mother had two romantic relationships that overlapped: one with the third-party father and one with the father. She became pregnant and advised the third-party father that he was not the father of the child, based on the information from her doctor regarding the date of conception. The father signed a voluntary declaration of parentage and was listed on the child’s birth certificate. She later married the father.
Allegedly, a few years later, the mother determined that the third-party father was the biological father of her child, which was confirmed via DNA testing. She permitted the third-party father to visit with the child on a few occasions but later advised him she did not believe it was in the child’s best interest for them to form a relationship. The third-party father filed a petition to establish a third-party parent relationship with the child. The court denied the petition, and the third-party father appealed.
Factors Weighed in Determining Whether to Grant Third-Party Rights Continue reading