Scott

Jan Forsberg had an intimate relationship with William D. Scott, Jr., and, for many years, she lived with him and his three children from his prior relationship with Rachael A. Childress. (For simplicity and clarity, we will refer to them by their first names and use Bill for William, as the parties have in their briefing.) When Bill’s relationship with Jan deteriorated in 2008, Bill and his children moved out of Jan’s home.

Seven years prior to his breakup with Jan, Bill had been awarded sole legal and physical custody of his three children in a Uniform Parentage Act (UPA) action between Bill and Rachael. (Fam. Code, § 7600 et seq.; further section references are to the Family Code unless otherwise specified.)

After Bill left with the children, Jan sought to join the dormant UPA action on the ground that she was entitled to custody and visitation as the children’s presumed or de facto mother.

Over the objections of Bill and Rachael, the superior court granted Jan’s petition for joinder and ordered the parties to mediate the matter of custody and visitation.

Bill then filed in this court a petition for writ of mandate, seeking to overturn the superior court’s rulings.…