C.A. v. C.P.Annotate this Case
The wife in a married couple (defendants C.P. and J.P., wife and husband) conceived a child with a coworker (plaintiff C.A.), but hid that fact from wife’s employer and initially, from husband. The marriage remained intact and wife and husband parented the child. For the first three years of the child’s life, the couple allowed plaintiff to act in an alternate parenting role, and the child bonded with him and his close relatives. Defendants excluded plaintiff from the child’s life when he filed the underlying petition seeking legal confirmation of his paternal rights. The trial court found that wife misled the court at an interim custody hearing, prolonging what the court later viewed as an unwarranted separation. Despite this period of separation, the court found the child was still bonded to all three parents and found this to be a “rare” case where, pursuant to statutory authority, each of three parents should have been legally recognized as such, to prevent detriment to their child. Defendants appealed, but finding no abuse of discretion, the Court of Appeal affirmed.