In re M.Z.

San Diego County Health & Human Services Agency v. Anthony R.

Good Law
2016 Cal. App. LEXIS 947·209 Cal. Rptr. 3d 397·5 Cal. App. 5th 53
Court of Appeal of CaliforniaNovember 3, 2016D070365California5,246 words

Opinion

Opinion

McConnell, J.

INTRODUCTION

Anthony R. challenges the juvenile court’s denial of his request to be declared a third parent under Family Code section 7612, subdivision (c) for two minors, M.Z. (Minor 1) and Z.Z. (Minor 2), who are the biological children of his girlfriend (mother) and her husband (Miguel Z.). The juvenile court concluded section 7612, subdivision (c) was inapplicable because it found there was no existing parent-child relationship between Anthony R. and Minors 1 and 2. (In re Donovan L. (2016) 244 Cal.App.4th 1075, 1093-1094 [ 198 Cal.Rptr.3d 550 ] (Donovan L.) [“ ‘an appropriate action’ for application of section 7612, subdivision (c) is one in which there is an existing parent-child relationship between the child and the putative third parent, such that ‘recognizing only two parents would be detrimental to the child’ ”].) We conclude Anthony R. failed to meet his burden to establish a parentage claim under the Uniform Parentage Act (§ 7600 et seq.), which is necessary to seek third parent status under section 7612, subdivision (c). We also conclude substantial evidence supported the juvenile court’s finding of an absence of a parent-child relationship. We affirm the…

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.