California Court of Appeal

In a child custody dispute, the trial court's judgment under the Uniform Parentage Act that plaintiff's former same-sex partner is a second parent to the child that plaintiff adopted during their relationship, is affirmed where: 1) the presumption of parentage in favor of the defendant is not rebutted under section 7612(c) by the adoption decree adjudging plaintiff to be the child's parent; 2) because there are no conflicting claims or presumptions, no weighing is needed under section 7612(b); and 3) the trial court was not required to treat this as an appropriate action to rebut the parentage presumption in favor of the defendant.

Appellate Information

• Decided 08/02/2012
• Published 08/02/2012

Judges

• Irion

Court

• California Court of Appeal

Counsel