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