Apple Valley, CA asked in Family Law and Adoption for California

Q: Can a biological father fight a de facto parent for custody because they have his half brother?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Family Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, both biological parents and de facto parents can have standing to seek custody and visitation rights. A biological father retains his rights unless they have been legally terminated. On the other hand, a de facto parent, someone who has assumed the role of a parent, can also seek custody. When determining custody or visitation rights, the court primarily considers the best interests of the child.

Factors include the child's health, safety, and welfare, any history of abuse, and the nature and amount of contact with both parties. In a dispute between a biological father and a de facto parent, the court will weigh these and other relevant factors. It's essential for each party to demonstrate that granting them custody would be in the child's best interests.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.