In Feehan v. The Superior Court of Alameda County, the court decided whether a presumed father can obtain visitation rights before his parental status was legally established. Although the trial court denied his request, the father filed a writ of mandate to request temporary visitation while he was petitioning to establish a parental relationship with the child.

Case Background

The child’s mother and father were domestic partners but were no longer together when the child was born. The petitioner, Feehan, began a romantic relationship with the mother. During that time, the domestic partner adopted the child. 

Feehan argued that he had been actively involved in the child’s life since birth. By the time the child was one, Feehan and the mother were spending all their time together. Feehan moved in with the mother and minor child when the child was two. From ages 2 to 5, Feehan participated in daily childcare, education, and family activities. The child even referred to Feehan as one of his parents. 

The Trial Court’s Decision 

The trial court denied the request for temporary visitation, stating that under Family Code sections 7604 and 6436, it did not have authority to order custody or visitation until paternity was officially determined. The court examined the case from a legal standpoint, focusing on whether visitation could be granted before confirming parentage.

The Appellate Court’s Ruling 

The Court of Appeal emphasized that the best interest of the child is the most important factor in custody and visitation decisions. California public policy prioritizes the health, safety, and welfare of children, ensuring that children maintain regular contact with both parents after a separation—unless such contact isn’t in the child’s best interest. 

The appellate court clarified that the trial court must make a preliminary determination of paternity before granting visitation. This means the petitioner must provide enough evidence to show, by a preponderance of the evidence, that he is the child’s parent. However, this preliminary finding is not as thorough as the full trial and does not require extensive evidence. 

Key Takeaways:

• A presumed father can be granted visitation if there’s preliminary evidence that it is in the child’s parent. 
• Courts consider the best interest of the child and prioritize the child’s well-being and encourage contact with both parents, unless it would harm the child.
• A court must make a preliminary determination of paternity before granting visitation, but the evidence required is less extensive than in a full trial and does not fully establish paternity. 

If you’re dealing with a similar family law issue or need assistance with paternity in Orange County, consider reaching out to Treviño Law. Our office in Laguna Hills, easily accessible from the 405 and 5 freeways, is here to help with your legal needs. 

Disclaimer: This article provides general information and does not establish an attorney-client relationship. For specific legal advice, please contact Treviño Law, Inc.