In 2013, California Governor Jerry Brown signed a bill allowing a child to have more than two legal parents. The passing of the new law set California’s family law regulations apart from other states. Child custody attorneys can now argue the benefit of more than two parents as a result.
The new law was the direct result of a 2011 case involving two women and a man who all met the criteria to parent the same child. The birth-mother in the case was involved with another woman prior to her pregnancy. They became registered as domestic partners, but separated a few months later. Shortly after, the birth-mother began seeing a man with whom she later conceived a child.
A few months into the pregnancy, she reconciled with her female partner and left the child’s father. They were married in October of 2008. After a series of events, the birth-mother left her wife for a different man. The wife then sought child custody legal advice from a family law firm.
When the child was born, the birth-mother was the only name listed on the birth certificate. Weeks later, the birth-mother was arrested, and consequently, the child was placed in foster care.
The father of the child had legal rights because he was indeed the biological father. Yet the wife of the birth-mother also had rights because the two were married at the time of the birth.
As a result of this case, the bill was signed by Governor Jerry Brown that lifted the state’s two-parent cap. However, the bill also makes it clear that joint custody does not apply to cases of three or more parents.
What does this mean for your case?
The ruling and passing of the new multi-parent bill means that even in the most complicated of cases, resolution for all parties is possible. When up to 50% of first marriages typically last nine years end in divorce, child custody legal advice is often sought after. Family law attorneys in Orange County can provide child custody legal advice to make your separation as smooth as possible. Although divorce happens every 36 seconds, resolving child custody issues is not so fast.