C.A. v. C.P.

Facts

The child was born in July 2012 to C.P., who was married to J.P. and remains so. C.P. conceived the child with her coworker, C.A., during an affair, misleading C.A. into believing she was separated from her husband. All parties knew C.A. was the biological father before the child’s birth. C.P. wanted to conceal the affair from their employer, preventing C.A. from seeking paternity leave. From approximately seven months of age until late 2015, C.A. had regular visitation with the child, increasing to every other weekend with occasional weekday visits. C.A. was involved in the child’s early medical care, openly held her out as his daughter, received her into his home, paid informal child support determined by C.P., and introduced her to his extended family (sister, nieces, and mother), with whom the child also bonded. When the child was approximately 18 months old, all parties participated in autism screening and therapy. C.A. discovered the child did not bear his last name when she was eight or nine months old. In November 2015, C.A. filed a petition seeking legal recognition, at which point defendants excluded him from the child’s life. The trial court found C.P. misled the court at an interim hearing by minimizing C.A.’s involvement, which resulted in denial of temporary visitation that prolonged the separation.