How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9259
Experience:  since 1983
9653905
Type Your Family Law Question Here...
N Cal Attorney is online now
A new question is answered every 9 seconds

What custody rights would a non-birth parent in a same sex

Customer Question

What custody rights would a non-birth parent in a same sex relationship have to a child they have lived with and helped raise for 4 years? The women are not married but have been raising the child together and the non-birth parent has been acting in loco parentis.
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, what state is this in?

Customer: replied 1 year ago.
California
Customer: replied 1 year ago.
I believe I specified that in my initial inquiry. Are you a California lawyer?
Expert:  P. Simmons replied 1 year ago.
Sorry...when I looked at the question all I could see wasWhat custody rights would a non-birth parent in a same sex relationship have to a child they have lived with and helped raise for 4 years? The women are not married but have been raising the child together and the non-birth parent has been acting in loco parentis.There was no mention of state.I will opt out and allow other experts to assist. I wish you the best.
Customer: replied 1 year ago.
Thank you. Do I need to ask again to make it clear? Or will you forward it on somehow? I'd rather not be charged for a new inquiry.
Expert:  P. Simmons replied 1 year ago.
No....this is clear...if someone can answer, they will (I suspect shortly)
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Were you registered as domestic partners?

Whose names are ***** ***** birth certificate?

Did one of you give birth to the child? If not, please explain the situation a little more.

Customer: replied 1 year ago.
These is for a friend of mine. I don't think they are registered domestic partners. My friend is not the birth mother and is not on the birth certificate. She was living with and supported the birth mother as a partner. through the pregnancy and has lived with birth mother and child raising the child together for the last 4 years. They live together now but the relationship is breaking down and my friend has no idea if her partner can just walk away with the child she loves and has been supporting and raising jointly.
Expert:  N Cal Attorney replied 1 year ago.

Is there a father in the picture?

Was the child born during the relationship between your friend and the birth mother?

Expert:  N Cal Attorney replied 1 year ago.

Does your friend hold herself out as a parent of the child?

What does the child call her?

Customer: replied 1 year ago.
Father was a friendly donor but is not in the child's life in any big wy. His parents are in the child's life a bit. My friend was in a relationship with the mother before during and after the pregnancy and still is. She holds herself out as parent completely at school and otherwise. The child calls her Lala. My friend is involved in most decisions about the child but is held at arms length on some. For example, she seemed to be involved in schoo decisions but not vaccinations.
Expert:  N Cal Attorney replied 1 year ago.

She could file a court case to establish a parental relationship under Family Code § 7611(d), see

http://leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7610-7614

See Elisa B. v. Superior Court (Emily B.) (2005)37 Cal.4th 108 , posted at

http://login.findlaw.com/scripts/callaw?dest=ca/cal4th/37/108.html

I hope this information is helpful.

Customer: replied 1 year ago.
Thank you it is, although I can't access the case. Could you please send me a pdf of the decision. Thanks.
Expert:  N Cal Attorney replied 1 year ago.

http://scocal.stanford.edu/opinion/elisa-b-v-sup-ct-33562

Please let me know if the above link works.

Related Family Law Questions