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In California after the Termination of Domestic ...
Sent to Legal Experts May 09 01:39 AM

In California after the Termination of Domestic Partnership, where one party has a minor child born from a previous marriage prior to the Domestic Partnership, and where no stepparent adoption or co-parenting agreement has occurred, the other party is seeking to join in a prior dissolution proceeding seeking visitation of the child. How can this be prevented?

 

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Elverta, California

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May 9 1:53 AM (3 minutes and 20 seconds later)
         
Reply to VRJones's Post: The mother was married to a man in Pennsylvania. They had the minor child in 2002. They divorced in 2004 in a California proceeding. The mother entered into a new relationship and filed Domestic Partnership papers in 2006. The Domestic Partnership was terminated in 2007. The other party now wants to join in the divorce from 2004 and seek visitation of the minor child as a step parent.
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May 9 2:16 AM (23 minutes and 32 seconds later)
         
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Okay thank you for that information. I am still uncertain when you refer to "the other party, but I assume you are talking about the father...if not let me know, but it may not matter depending on your standing.

There are two ways in Ca to terminate the domestic partnership, so I will use your words and assume you terminated the DP, and did not go through the dissolution process. These are two different procedures.

Termination of Domestic Partnership
The termination of a registered domestic partnership ends the registered domestic partnership and returns the partners to the status of un-partnered persons. The partners will no longer have the rights, protections and benefits or obligations and responsibilities under the law as registered domestic partners. The process of termination will usually also divide all the community property and community obligations of the partners. Once the termination is effective, it may not be undone except in limited circumstances by order of the Superior Court.

This is from the handbook that you may have already tread through. Since this relationship was terminated, it is treated somewhat like a marriage is terminated. And if no agreements were made as to the child, then in order for you to prevent this, you must show up when the "other party" makes a motion to the court. You can find the forms and instructions at the Superior Court Family and Children division. This is Sacramento, which is close to you, bit all the forms are the same. There is also a self help center.

To answer your question: How can this be prevented?

You will need to appear in front of the judge and submit testimony or evidence that giving visitation is NOT in the best interests of the child, and stress that you are position to say so because you were also acting in capacity of parent before the termination of DP.

These are new laws, and new cases are being decided on very little case law.

Your motion and argument must be convincing. I wold suggest seeking an attorney who specializes on this area on the law, because as I said, this is a new area of law. You may find referrals to attorneys at the link above, some no cost, and some low cost attorneys, and a referral service too. Use all the ammunition available. Attorneys can also help form the State Bar of California. If you need further assistance or clarification, please be sure to followup.

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Your Just Answer Expert,

VRJ






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May 9 2:28 AM (12 minutes and 2 seconds later)
         
I'm not referring to the father. The mother was married to the father. They divorced. She got involved in a lesbian relationship and filed domestic partnership. This woman is the "other party" who is now seeking visitation of the child following the Termination of the DP. The DP was filed by agreement and notarized stating no children at issue in the DP. They did not go through the dissolution proceeding. I am aware that mother needs to be in court and argue the case. I have been unable to find case law for or against granting a former partner visitation of a child that is not considered a child of the relationship.
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May 9 2:45 AM (6 minutes and 51 seconds later)
         
I am the maternal grandmother. I am assisting my daughter (the mother of the child) with her opposition to the motion for joinder in the dissolution seeking visitation. I was a paralegal for years, but changed careers in 2005. The best I am finding is older case law regarding the Court's duty to not interfere in cases regarding third party visitation where it is presumed that the custodial parent is a fit parent. I am seeking information to support the opposition to the motion; however, it doesn't sound like you have any more than I already have. :)
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May 9 2:55 AM (10 minutes and 6 seconds later)
         
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May 9 2:57 AM (2 minutes and 34 seconds later)
         
Thank you for the additional comment. Your analysis is exactly where I was and confirms that I am on the right path with her opposition. Thank you again.
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