In Re the Marriage of Lewis & Goetz

The question in this appeal is whether appellant Stephen Goetz is entitled by statute or as an “equitable parent” to request joint legal and physical custody of his stepson, Brian Lewis, in proceedings for dissolution of marriage to Brian’s natural mother, respondent Mary Lewis. The court found it lacked subject matter jurisdiction to consider the issue under Civil Code section 4351.5. We affirm.

Factual and Procedural Background

Brian was born August 24, 1980. The parties agree that Stephen is neither Brian’s biological nor adoptive father.

Stephen and Mary lived together between 1980 and 1985, when they commenced a one-year marriage. They dispute almost every aspect of Stephen’s relationship with Brian, including the extent to which Mary and Stephen maintained an on-going family unit between 1980 and 1985, whether Stephen exercised the obligations and responsibilities of a father or contributed financially to Brian’s needs before or after the marriage to Mary, and Stephen’s interest in adopting Brian.

Stephen and Mary’s separate petitions for dissolution present conflicting views of Brian’s status. Mary alleged there were no minor children of the marriage. Stephen,…