Nature of the Case
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Facts
D and P, who lives as a man, met in 2005 when D's son, Caden, was one year old. They began living together. P was not working at the time because he had suffered a back injury. D was working as a newspaper carrier. P cared for Caden while D was working and acted in all ways as a loving father to Caden. P and D decided to have a child together, and D arranged to be artificially inseminated, and she became pregnant with Arianna. P and D registered as domestic partners. Arianna was born on May 11, 2009. P remained a stay-at-home parent who did all the things a parent does-changing diapers, making bottles, being up at night with the baby, and continuing to take care of Caden. P also took care of housekeeping chores and attended Arianna's doctor appointments with D. D presented himself as Arianna's father. Eventually, P began to work at a restaurant during the day, and D, who had stopped delivering newspapers, worked as a CNA at night. P began a relationship with someone else and moved out in 2012. P continued to call the children every day before bedtime, and the children visited him. D had a new boyfriend, Cote. After Cote found out that P was transgender, Cote demanded that P pay child support if he wanted to see the children. P made some payments but did not pay regular child support. Caden revealed that Cote had been hitting him, and Caden had bruises. The children went to stay with D's parents, and a report was made to DHS. D was very angry with P for his role in reporting the abuse. D claimed that P had no rights. P filed a complaint for a determination of paternity and parental rights and responsibilities. P alleged de facto parenthood. The court found that P had made a prima facie showing of de facto parenthood and therefore had standing. Mediation was scheduled and accomplished nothing. The court found that P was a de facto parent. D appealed.
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