In re M.Z.
Annotate this CaseMother and Miguel Z. had two children during their marriage, Minor 1 born in 2009, and Minor 2 born in 2010. Mother and Miguel Z. filed for divorce in 2014, but the divorce was never finalized. Miguel Z. said he separated from mother because he could not stop using drugs and he was in and out of prison. In April 2015 after he got out of prison, he moved to Arizona in order to help support his sobriety. After separating from Miguel Z. mother had three children with Anthony R. Anthony R. challenged a juvenile court's denial of his request to be declared a third parent under Family Code section 7612, subdivision (c) for mother's two children with Miguel. The juvenile court concluded section 7612, subdivision (c) was inapplicable because it found there was no existing parent-child relationship between Anthony R. and the children. The Court of Appeals agreed with that reasoning, adding that Anthony R. failed to meet his burden to establish a parentage claim under the Uniform Parentage Act, which was necessary to seek third parent status under section 7612, subdivision (c).
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