M.M. v. D.V.

Child was conceived when Child’s mother, Mother (defendant), was engaging in sexual relations with both M.M. (plaintiff) and T.M. (defendant). Mother told M.M. he was not Child’s biological father. After Child was born, T.M. signed a voluntary parentage declaration, and Mother and T.M. married shortly thereafter. Approximately two years later, DNA testing confirmed that M.M. was Child’s biological father. Mother allowed M.M. several brief visits with Child before cutting off further contact. M.M. did not offer to pay child support. M.M. filed a petition to acquire status as Child’s third parent, arguing that he was entitled to presumed parent status as an unwed biological father because Mother obstructed his ability to assume parental rights. M.M. admitted he did not have an existing relationship with Child and did not challenge T.M.’s parental status. The trial court denied M.M.’s petition, holding that (1) M.M. did not meet the Adoption of Kelsey S. requirements to acquire presumed parent status because he had not assumed emotional, financial, and parental responsibility for Child after learning about their biological relationship; and (2) regardless, he was not entitled to be named as Child’s third parent because M.M. did not have an existing parental relationship with Child, and, therefore, it would not be detrimental to Child to have only two parents. M.M. appealed.