Family Law Case Summary – Martinez v. Vaziri

On behalf of Furr & Cohen, P.A. posted in News on Friday, April 29, 2016.

In an uncle’s appeal of the denial of his petition to establish a parental relationship, as a third natural parent, with his three-year-old niece, the trial court’s ruling, that petitioner met the statutory criteria of a presumed parent, but found the presumption was rebutted under the recently amended Family Code section 7612(c) and (d), is reversed where the trial court’s determination of no detriment under section 7612(c) appears to have derived from an improperly narrow construction of the statutory language, resulting in the trial court’s failure to consider all relevant factors under the statute.