In re Mia C.
Mother’s live-in girlfriend, L.L., was determined to be a presumed parent[1] under Family Code section 7611, subdivision (d) (undesignated statutory references are to this code). Mother’s husband, F.C., was later determined to be a presumed parent under section 7611, subdivision (a). Faced with competing parentage presumptions, a contested hearing was held, after which the juvenile court determined “the weightier considerations of policy and logic lean in favor of†declaring F.C. the presumed parent. L.L. appeals this order, contending (1) since F.C. and mother had been separated for several years prior to the minor’s birth, the juvenile court erred in finding the presumption under section 7611, subdivision (a) applied to F.C.; and (2) the juvenile court abused its discretion in finding F.C. was the presumed parent. We find the propriety of F.C. being declared a presumed parent was forfeited by L.L.’s failure to raise her objection in the juvenile court. Moreover, even if the claim were not forfeited, following the plain language of the statute, the court properly applied it to F.C. Lastly, we find no abuse of discretion in the juvenile court’s weighing of the considerations underlying the parentage presumptions. Finding no error, we shall affirm the order of the juvenile court.
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