R.M. v. J.J. CA3
J.J. (Mother) appeals from an order finding her ex-husband, R.M., is a presumed father of E.S., pursuant to Family Code section 7611, subdivision (d), and also finding he is a third parent pursuant to section 7612, subdivision (c).
On appeal, Mother asserts: (1) the trial court abused its discretion when it rejected her request to include R.M.’s trial court “outbursts” and the court’s admonitions in the settled statement; (2) the presumed paternity finding was not supported by substantial evidence; (3) this case is not an appropriate action to grant third parent status because it would lead to “warring parents fighting for custody”; (4) granting third parent status would impermissibly circumvent the purpose of stepparent adoption statutes; (5) there is no existing relationship between R.M. and E.S. to support a third parent finding; and (6) section 7612, subdivision (c), is unconstitutional as applied.
Comments on R.M. v. J.J. CA3