The Uniform Parentage Act (UPA) governs who can become a legal parent.  UPA allows someone who is not a biological parent to be presumed parent because they have cared for the child and parented the child.

Under the law, “A person is presumed to be the natural parent of a child if the person …. receives the child into his or her … home and openly holds out the child as his or her … natural child.”

A court may allow a child to have more than two parents if the court finds that it is detrimental to the child to be limited to two parents.   The court factors whether removing the child from a stable placement is harmful to the child.

Someone who has fulfilled the child’s physical needs and the child’s psychological needs for care and affection, and who has assumed that role for a substantial period of time can request to be presumed parent of the child.

In one case, the child’s father was incarcerated and the mother’s boyfriend raised the child as his own.  He acted like the child’s father in every way, helped feed, took turns with the middle of the nights, waking up, bonding, singing, reading stories.

Mother and boyfriend get separated.  Boyfriend now wants to be a permanent parent.  The court will look at whether there is an existing parent-child relationship to preserve.

In a Collaborative setting, Co-parenting coaches teach all parties involved how to work together for the best interest of the child rather than fight each other over custody.