Can More Than Two People Have Child Custody?

Can children in California have more than two legal parents with custody? While it might seem like an unlikely circumstance, for more than a decade California law has permitted courts to award custody to more than two parents. This law, which exists under Section 7612(c) of the California Family Code, has become known as the “third parent” law or “tri-parent” law. How does this law work, and when is it applied in a family law case? Our San Jose family law and child custody attorney can explain the law in more detail and can discuss its applications with you. If you are in a situation where a “third parent” is seeking custody and parental rights, it is important to contact a lawyer who can assist your family.

Text of the “Third Parent” Law in California

Under Section 7612(c) of the California Family Code:

“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.”

The statutory language continues, explaining that the court must consider “all relevant factors” when “determining detriment to the child,” including but not limited to:

• 1) The “harm of removing the child from a stable placement with a parent who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection”; and
• 2) When that parent “has assumed that role for a substantial period of time.”

When the court finds that a “third parent” situation makes sense legally and that recognizing only two of the potentially three parents would be detrimental to the child or children, this finding does not require the court to find that any of the other parents with a claim to parentage are unfit. Instead, more than two people can have parental rights, including physical and legal child custody.

Situations Where the “Third Parent” Law Might Apply

There are no statutory references to family situations in which the “third parent” law may be applicable or should be applied. In practice, the following are examples of types of circumstances in which more than two parents have been deemed to have parental rights and custody:

• Step-parent has provided significant parenting to the child;
• Long-term foster parent or other caregiver has been central to the child’s development;
• Family circumstance in which parents are or were in a polyamorous relationship with three co-parents;
• Various blended family situations; or
• Donor situation in which the donor remains a parenting or caregiving figure in the child’s life.

Contact Our San Jose Child Custody and Family Law Attorneys to Learn More About Less Common Custody Circumstances in California

Are you in a family situation where there is more than just one other parent who is seeking child custody? This type of circumstance is more common than you might think, and so much so that California law actually has statutory language to address it, as we discussed above. Although people often assume that just two parents will be eligible for child custody, there are various kinds of family relationships in which more than two parents or parental figures may want to have legal rights when it comes to a minor child they have been raising or providing care for. To find out more about the “third parent” law in California, you should get in touch with one of the experienced San Jose child custody lawyers at Foster Hsu, LLP today. Contact us for more information about how we can assist you.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=7612.