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CAN A GAY OR LESBIAN EX LOVER OBTAIN VISITATION RIGHTS THROUGH GUARDIANSHIP?

April 26, 2017ex gay guardianship lesbian lover obtain Rights visitation

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CAN A GAY OR LESBIAN EX LOVER OBTAIN VISITATION RIGHTS THROUGH GUARDIANSHIP?

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NO – according to the Court in the recent case of In re Z.C.W. (1999) 71 Cal.App.4th 524, 84 Cal.Rptr.2d 48, U.S. cert. den. 528 U.S. 1056. The Court said that a Lesbian ex-lover, no longer the de facto parent of the children, is not entitled to visitation rights over the objections of the biological mother. “A finding that an award of custody to the parents would be detrimental to the child is essential before a court may make an order granting custody to a non-parent. Further, there is no statutory authority for a limited guardianship providing for visitation rights to a non-parent.