In re M.T. CA1/3

Good Law
Court of Appeal of CaliforniaSeptember 3, 2013A133991California2,292 words

Opinion

Opinion

Jenkins, J.

facts is founded on the weightier considerations of policy and logic controls” (§ 7612, subd. (b)). The court acknowledged J.R. “has taken on the role of father to [the child], held [the child] out as his [child] . . . . He has provided for [the child] on a daily basis when he lived in the home. He was present at [the child‟s] birth, and obviously loves and cherishes his relationship with [the child].” Nevertheless, the court found that “unlike most of the cases that discuss the extant familial relationship versus mere biology, [A.S.] is not a mere biological father. Nor is this case about establishing biological ties. It is a case in which I must choose which developing parent/child relationship should be preserved and protected. And to do that I turn to the specifics of the case. [¶] When, upon learning that [mother] was pregnant and believing that he might be [the child‟s] father, [A.S.] made every possible effort to establish his role as father. He offered both personal care and resources for [the child] and was repeatedly rebuffed. But for mother‟s assurance that [A.S.] was not [the child‟s] father and her complete resistance to let him participate in [the child‟s] life, it…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.