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

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relationship have to a child...
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
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4/9/2016
Family Lawyer: P. Simmons, Lawyer replied 1 year ago
P. Simmons
P. Simmons, Lawyer
Category: Family Law
Satisfied Customers: 35,712
Experience: 16 yrs. of experience including family law.
Verified

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?

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Customer reply replied 1 year ago
California
Customer reply replied 1 year ago
I believe I specified that in my initial inquiry. Are you a California lawyer?
Family Lawyer: P. Simmons, Lawyer 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.
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Customer reply 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.
Family Lawyer: P. Simmons, Lawyer replied 1 year ago
No....this is clear...if someone can answer, they will (I suspect shortly)
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Family Lawyer: N Cal Attorney, Attorney replied 1 year ago
N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9,533
Experience: since 1983
Verified

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.

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Customer reply 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.
Family Lawyer: N Cal Attorney, 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?

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Family Lawyer: N Cal Attorney, Attorney replied 1 year ago

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

What does the child call her?

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Customer reply 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.
Family Lawyer: N Cal Attorney, 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.

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Customer reply 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.
Family Lawyer: N Cal Attorney, 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.

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N Cal Attorney
N Cal Attorney
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