M.M. v. D.V.
The court held that, because a biological father who has never established a parent-child relationship and cannot show concrete detriment to the child lacks the requisite factual basis to be adjudged a "third parent" under Family Code § 7612(c), mere genetic ties or presumed-parent status are insufficient, and thus the trial court's denial of the petition was affirmed, narrowing the scope of the third-parent doctrine in California probate proceedings.
Date Filed: July 19, 2021
Case Name: M.M. v. D.V.
Case Number: D077468
Court: California Court of Appeal, Fourth Appellate District, Division One
(‘The Court decides whether a biological father who has never established a relationship with his child may be adjudged a “third parent” under Family Code §\u202f7612(c). It holds that, absent an existing parent‑child relationship and concrete proof of detriment to the child, the father is ineligible for third‑parent status, and therefore affirms the trial court’s denial of the petition. This ruling narrows the scope of the third‑parent doctrine, making clear that mere genetic ties or presumed‑parent status are insufficient to create a legal parent‑child relationship in California probate proceedings.’, ‘4786024d’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.