T.P.

In response to a paternity action initiated by T.P., T.W. filed a petition under Family Code section 7802 1 to free her child from the custody and control of T.P., the admitted biological father. 2 The trial court ruled Mother had no standing to commence such a proceeding and entered a judgment denying her petition.

Section 7841, subdivision (a) permits an “interested person” to file a petition for an order or judgment to free a minor child from the custody or control of either or both parents. Mother contends that she falls within the definition of “interested person” in this section. Father contends she does not. He argues that an “interested person” within the meaning of section 7841 is limited to a party who seeks to free a minor child from parental custody and control for purposes of adoption. As no adoption is pending or contemplated, Father asserts Mother has no standing.

We conclude that both the language of the statute and the available case law establish that Mother has standing. We will therefore reverse the judgment and remand for further proceedings.

I. Factual and Procedural Background

This case began on November 6, 2009, when Father filed a pro se…