In re L.L.

13 Cal. App. 5th 1302, 220 Cal. Rptr. 3d 904 (2017)

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In re L.L.

California Court of Appeal
13 Cal. App. 5th 1302, 220 Cal. Rptr. 3d 904 (2017)

Facts

B.S. sought recognition as the father of L.L., who was born in 2006. L.L.’s birth certificate named T.L. as the father, and T.L. had been recognized as L.L.’s father. In 2007, B.S. filed an action in family court and was granted an order recognizing that B.S. had established a parental relationship with L.L. The court granted him regular parenting time and legal custody shared with the mother but did not recognize B.S. as the third parent of L.L. In 2016, the mother was arrested for violating her parole by having drugs in her house, and the human-services agency filed an action in juvenile court, alleging that L.L. was a dependent or neglected child. The mother told a social worker that the mother did not usually permit B.S. to exercise his parenting time and that L.L. only knew T.L. as her father. B.S. filed an action to establish his parenthood of L.L., and his evidence established that he wished he were permitted to spend more time with L.L., she had visited his home a couple of times per month from birth through age four and a half, he had told everyone he knew that he was L.L.’s father, and he had provided extensive financial support to L.L.’s mother for L.L.’s benefit. Genetic testing showed that B.S. was L.L.’s biological father. The trial court found that B.S. was a presumed parent under the Uniform Parentage Act and granted him the status of L.L.’s third parent. The mother and T.L. appealed, arguing that B.S. did not meet the qualifications for the status of a presumed parent because he had not had a relationship with L.L. since she was four and a half years old.

Rule of Law

Issue

Holding and Reasoning (McConnell, J.)

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