Kristine H. v. Lisa R.
California Supreme Court
117 P.3d 690, 37 Cal. 4th 156 (2005)
- Written by Mike Begovic, JD
Facts
In September 2007, Kristine H. (plaintiff) and Lisa R. (defendant) entered into a joint stipulation declaring that they were both the legal parents of a child to whom Kristine was soon to give birth. A judgment was filed in superior court declaring that Kristine was the biological parent and that Kristine and Lisa would have joint custody of the child. The judgment ordered that the child’s birth certificate list Kristine as the mother and Lisa as the father. After the couple separated, Kristine filed a motion to set aside the stipulated judgment on the ground that the court lacked subject-matter jurisdiction to issue such a judgment because the child had not been born yet. Lisa filed a separate action seeking custody of the child. The superior court denied Kristine’s motion, holding that a stipulated judgment of this kind may be entered before a child is born. The court of appeals reversed on the ground that a court could not rely on a joint stipulation to determine the issue of parentage. Kristine appealed.
Rule of Law
Issue
Holding and Reasoning (Moreno, J.)
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