More Than 2 Daddys?

Can a Child Have 2 Daddys?

Here’s a little test:

Under California law, a child can have,

  1. 2 fathers and a mother;
  2. 3 fathers or 3 mothers;
  3. a mom and a dad;
  4. a pair of gay or lesbian parents;
  5. Only 3 and 4;
  6. All of the above.

If you answered “5,” you would have been correct up until last year when the Family Code was amended to provide the following:

In an appropriate action, a court may find that more than two persons with a claim to parentage under this division are parents if the court finds that recognizing only two parents would be detrimental to the child.

Family Code §7612(c)(see also §7601(c)). Prior to these amendments if more than two people satisfied a presumption of paternity, the court had to choose “the presumption which on the facts is founded on the weightier considerations of policy and logic.” Family Code §7612(b). This is in fact still the law. However, now the court has one more option in its arsenal: a finding that more than 2 people be parents.

How is this going to work? How is the custody arrangement going to work with 3 people? How are support orders going to be ordered; who pays whom? Do these code sections have retroactive effect? These are just some of the questions that will need to be litigated in upcoming years. And since no court of appeal has yet to address these issues, the role of a skilled advocate is of paramount importance. (This is especially true if the parties intend to appeal these issues; an oft-repeated rule in appellate litigation is that everything must go in the record and if it is not in the record it did not happen.)

Please call us for consultation if you think these new code sections apply to your situation and your child could have 2 daddys. Even if another attorney (or judge) told you otherwise, call us for a free consultation. There code sections are so new that most attorneys (and dare I say some judges) have not even heard of them. A child can now have 2 Daddys….Call us for a free consultation. We have attorneys that can handle cases in Riverside, San Bernardino, Orange and Los Angeles Counties. It costs nothing to know your rights!

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