C.A. v. C.P.
California Court of Appeal
29 Cal. App. 5th 27, 240 Cal. Rptr. 3d. 38 (2018)

- Written by Sean Carroll, JD
Facts
C.P. and J.P. (defendants) were married. C.P. had an affair with her coworker C.A. (plaintiff). The affair resulted in C.P. having a child. The child lived with C.P. and J.P., who maintained their marriage despite the affair. The couple permitted C.A. to play a big part in the child’s life. C.A. took care of the child overnight on many occasions, including as much as every other weekend at a point. C.A. also saw the child from time to time during the week. At all times, C.A. held the child out to be his natural child. When the child was three, C.A. filed a petition for legal confirmation of his parental rights. J.P. and C.P. opposed the petition and at that point excluded C.A. from the child’s life. The trial court found that both J.P. and C.A. had established strong bonds with the child and granted C.A.’s petition. The trial court found that the child had three parents. C.P. and J.P. appealed.
Rule of Law
Issue
Holding and Reasoning (Duarte, J.)
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