W.S. v. S.T.
W.S. v. S.T.
Opinion of the Court
*136In 2014, appellant W.S. filed a petition to establish a parental relationship with his daughter (daughter). W.S. alleged he was daughter's biological father. He claimed he had a relationship with S.T., daughter's mother, while she was married to her husband, Martin T. W.S. requested joint legal and physical custody, equal time visitation, and mediation to work out a parenting plan. He also requested daughter's last name be changed. The trial court denied W.S.'s requests, finding he was not a presumed parent within the meaning of Family Code section 7611, subdivision (d).
On appeal, W.S. argues the trial court applied an incorrect legal standard when it found he was not a presumed parent under section 7611, subdivision (d). Furthermore, he claims the court failed to exercise its discretion to order him visitation as an interested party. He also argues California's statutory *137scheme is unconstitutional, violating the principles of due process and equal protection. Lastly, he claims the trial court's decision on the matter may have been the result of bias. For the reasons set forth below, we affirm.
BACKGROUND
1. Statement of Facts
a. Daughter's Birth
In 2002, S.T. married Martin and had their son Frank. In 2006, S.T. and Martin separated for approximately 18 months. During their separation, they did not live together. S.T. filed for divorce from Martin in 2006. She met W.S. sometime in 2007 or 2008 while working at a car dealership. The two began a relationship. At the time, W.S. believed S.T. was divorced and lived with her mother.
In 2008, S.T. became pregnant with daughter. By that time, S.T. said she had reconciled with Martin and was living with him. She told W.S. he was not daughter's father, and W.S. did not press her for details. During S.T.'s pregnancy, Martin attended prenatal classes with her. He drove her to the hospital when she was in labor and took several weeks off work so *762he could help afterwards. Martin was in the room during daughter's birth and cut her umbilical cord. His name was put on daughter's birth certificate. According to Martin, S.T. breastfed daughter when she was a baby, and daughter would wake up every two hours. Martin helped S.T. take care of daughter. He changed daughter's diaper, washed her laundry, and rocked her to sleep. When daughter started drinking formula, Martin would prepare bottles for her. Daughter slept with S.T. and Martin in their bed until she was approximately four and a half years old.
Shortly after daughter's birth, S.T. suspected W.S. was daughter's father based on her features. Her suspicions were confirmed by a DNA test.
S.T. believed W.S. first saw daughter several weeks after she was born. The visit was brief, lasting only several minutes. W.S. lived with his mother at the time, and he did not initially tell his mother that daughter was his daughter.
b. W.S.'s Account of His Relationship with Daughter
W.S., S.T., and Martin provided conflicting accounts of W.S.'s relationship with daughter. Between 2009 and 2010, W.S. said he saw daughter almost *138every day, and she spent the night at his apartment approximately once or twice a week. Daughter would often stay overnight by herself, because S.T. had to be at home to take care of Frank. W.S. believed S.T. and daughter lived with S.T.'s mother.
Daughter did not have her own room at W.S.'s apartment, which he shared with his mother. W.S. said his apartment was full of daughter's toys and artwork. He had purchased a crib for daughter, but she did not use it. Daughter slept in W.S.'s bed if she spent the night. W.S. made bottles for her if she woke up by putting a scoop of formula in a bottle with warm water. Daughter started eating solid foods between six and nine months. W.S. said S.T. would cut up cooked pieces of vegetables, like broccoli, to feed to daughter.
According to W.S., S.T. began limiting the amount of time daughter spent at his apartment as she got older and began attending daycare.
In 2013, daughter began attending preschool. She was enrolled using W.S.'s last name. W.S. paid for daughter's tuition for approximately a year, and he frequently picked her up at the preschool. Daughter's teacher at preschool confirmed that W.S. and S.T. often picked daughter up at school together. Daughter would run to W.S. when he came to get her. W.S. participated in school activities and parent-teacher conferences. The teacher recalled that daughter called W.S. "Pa" or "Daddy." Daughter's teacher believed W.S. and S.T. were a couple in a "[n]ormal relationship." She could not recall seeing Martin at the school.
W.S. held birthday parties for daughter when she turned three, four, and five. W.S. and S.T. took daughter on trips, including a trip to Six Flags for her birthday. Daughter made drawings for W.S., including *763a drawing with a heart and the word "Pa." W.S. said the photo symbolized "Pa's heart." W.S. posted daughter's artwork around his apartment. He celebrated Valentine's Day, Christmas, Thanksgiving, and Halloween with daughter. W.S. had many nicknames for daughter.
W.S. did not know the name of daughter's dentist or doctor. He had never attended daughter's medical appointments, and daughter was not on his *139health insurance. However, he did pay for S.T.'s cell phone bill. He also occasionally gave S.T. money.
c. S.T.'s Account of W.S.'s Relationship with Daughter
According to S.T., W.S. exaggerated the closeness of his relationship with daughter. S.T. brought daughter to visit W.S. approximately once or twice a week during her first year.
S.T. refuted W.S.'s claims about daughter's feeding. S.T. said daughter was breastfed for the first few months. S.T. insisted she would not have permitted daughter to drink bottles made with warm water that was not boiled first, as described by W.S. She also explained that daughter started eating solid foods between one and two years of age, not between six and nine months. Daughter began eating purees, not diced vegetables.
When daughter started daycare, S.T. would occasionally take her to visit W.S. The visits were short, lasting maybe one or two hours. Daughter spent weekends at home with S.T., Martin, and Frank. When daughter was enrolled at preschool, S.T. allowed W.S. to pay for half of daughter's tuition. S.T. deposited money into W.S.'s bank account to pay for the other half of the tuition. She acknowledged that W.S. frequently went with her to pick up and drop off daughter at the school. Occasionally, daughter went to W.S.'s apartment to play after preschool ended.
S.T. could only remember daughter staying overnight at W.S.'s apartment a total of three or four times. W.S., however, had text messages that seemed to indicate daughter stayed overnight with him at least 10 or more times. When questioned about the messages, S.T. said she could not recall sending the messages and could not remember daughter spending the night so frequently. S.T. described her relationship with W.S. as "verbally abusive." She also claimed she was often present when daughter visited W.S. W.S. would hide daughter's toys when she was not there, because not all of his relatives knew daughter was his daughter.
On daughter's birthdays, S.T. would take daughter to W.S.'s house in the morning. She also brought daughter to W.S.'s house if he had presents for her on Christmas. On Halloween, she would bring daughter over for trick or *140treating. S.T. acknowledged she had gone on trips with daughter, W.S., and W.S.'s mother. They had visited the Jelly Belly factory for daughter's second birthday. S.T., W.S., and daughter had also gone to Six Flags for daughter's fourth birthday.
d. Martin's Relationship with Daughter
Martin could only recall a few occasions where daughter was not home at night. He *764did not believe daughter could have spent so many nights at W.S.'s apartment, because he would have noticed she was not at home. Martin described that as daughter got older, he continued to be very involved in her life. He cleaned up for her, cooked for her, and used to pick her up at daycare. When it was time for daughter to sleep, Martin would put her to bed by either reading to her or putting on a movie.
Martin could not recall the name of daughter's preschool. He did not pick her up or drop her off at preschool and did not participate in any of the school activities. He believed S.T. was the one paying for the preschool.
Daughter was on Martin's health insurance. Martin scheduled daughter's dentist appointments and knew the name of daughter's doctor. Martin did not attend her appointments.
e. End of W.S. and S.T.'s Relationship
S.T. described her relationship with W.S. as tumultuous. She said they "ended" their relationship numerous times throughout the years. In July 2014, S.T. told Martin about her relationship with W.S. Martin was upset and initiated divorce proceedings. However, by the time W.S. filed his petition to establish a parental relationship, Martin and S.T. were in the process of reconciling. Martin and S.T. said they were working on their marriage and were not proceeding further with the divorce.
2. Petition to Establish Parental Relationship
On August 22, 2014, W.S. filed a petition to establish a parental relationship with daughter. W.S. alleged he was daughter's biological father and requested joint legal and physical custody and equal visitation. W.S. also requested daughter's last name be changed.
On August 25, 2014, S.T. filed a response asserting that daughter was not W.S.'s daughter. S.T. declared that she had a relationship with W.S. before she became pregnant with daughter. Daughter, however, was born during her marriage to Martin while they were living together. Thus, Martin *141was daughter's father. On August 26, 2014, Martin moved for joinder. Martin argued that he was a necessary party to the action, since there was a conclusive presumption he was daughter's father under section 7540.
Before the hearing, all parties submitted briefs, arguments, and evidence for the trial court to consider. W.S. argued the presumption of paternity under section 7540 should not apply to Martin, because S.T. had filed for divorce from Martin in 2006. Thus, he claimed that S.T. and Martin were not cohabitating at the time daughter was conceived. W.S., however, conceded that even if Martin was not a conclusive father under section 7540, he met the requirements of a presumed father under section 7611. W.S. argued he also met the requirements of a presumed father under section 7611. He then argued his presumption of fatherhood should prevail over Martin's presumption under section 7612, subdivision (b), which provides that when two competing presumptions for paternity exists the presumption upon "which on the facts is founded on the weightier considerations of policy and logic controls."
S.T. filed a declaration asserting that she was cohabitating with Martin at the time daughter was conceived. She also filed a brief claiming the marital presumption of paternity under section 7540 has precedence over the presumption set forth under section 7611.
3. The Hearing and Trial
On October 21, 2014, the trial court held a hearing and found there was a conclusive *765presumption that Martin was daughter's father, because he was married to and cohabitating with S.T. when daughter was conceived pursuant to section 7540. Thereafter, it found Martin was a necessary party to the action and granted his motion for joinder. Subsequently, the trial court continued the hearing, focusing on whether W.S. was presumptively daughter's father under section 7611.
The court heard testimony from W.S., S.T., Martin, and several family members and friends. After hearing argument from the parties, the court took the matter under submission. On March 19, 2015, the trial court issued a written statement of decision denying W.S.'s request for visitation and joint legal and physical custody of daughter. The trial court concluded W.S. had not received daughter into his home, because he had not satisfied the standard of " 'regular visitation,' " which included "assumption of parent-type obligations and duties ...." Thus, he could not qualify as a presumed parent within the meaning of section 7611, subdivision (d).
*142DISCUSSION
On appeal, W.S. argues the trial court erred when it denied his request to establish a parental relationship. He argues (1) the trial court applied an incorrect legal standard to determine if he received daughter into his home under section 7611, subdivision (d), (2) the trial court erred when it failed to grant him visitation with daughter, (3) the trial court's decision erroneously considered the timeliness of his petition when there is no statute of limitations to bring an action to establish a parental relationship, (4) California's statutory scheme is unconstitutional, because it deprives him of due process and explicitly prefers mothers over fathers and requires fathers to take affirmative steps before recognizing their equal right to custody, and (5) a reasonable person may entertain doubts as to whether the trial court's decision on his petition was the result of bias. For the reasons set forth below, we affirm.
1. Receipt into the Home
On appeal, W.S. argues the trial court misinterpreted the receiving requirement set forth under section 7611, subdivision (d). Section 7611, subdivision (d) provides that a person is a presumed parent if he or she "receives the child into his or her home and openly holds out the child as his or her natural child."
a. Overview and Standard of Review
W.S. questions the trial court's interpretation of section 7611, subdivision (d). The interpretation of a statute is a question of law, which we review de novo. ( *766People ex rel . Lockyer v . Shamrock Foods Co . (2000)
When construing a statute, we ascertain the Legislature's intent in order to carry out the purpose of the law. ( *143Cummins , Inc . v . Superior Court 2005)
b. "Receiving" Requirement
W.S. argues the receiving requirement set forth under section 7611, subdivision (d) is satisfied by a parent physically taking a child into his or her home. Thus, he argues the trial court erred when it concluded he did not receive daughter into his home. For the reasons set forth below, we disagree.
The Uniform Parentage Act (§ 7600 et seq.) (UPA) distinguishes presumed fathers from biological and alleged fathers. ( In re J .L . (2008)
Section 7611 sets forth several rebuttable presumptions of paternity. " 'The statutory purpose [of section 7611 ] is to distinguish between those fathers who have entered into some familial relationship with the mother and child and those who have not.' " ( T .R ., supra , 132 Cal.App.4th at p. 1209,
Section 7611, subdivision (d) does not provide an express definition of what constitutes receipt of a child into a parent's home. However, several courts have analyzed the roots of the "receiving" element. In *144Charisma R . v . Kristina S . (2009)
Prior to the enactment of the UPA, courts liberally interpreted what constituted "receipt" into the home. ( In re Richard M . (1975)
W.S. correctly asserts that there is no requirement that a child live with a parent for the parent to achieve presumed parent status. (See In re A .A . (2003)
In Kelsey S ., our Supreme Court acknowledged that historically under cases like Richard M ., there was a liberal interpretation of the receiving requirement, and even constructive receipt was potentially sufficient. ( Kelsey S ., supra , 1 Cal.4th at p. 828,
Following Kelsey S ., courts have found that the receiving requirement was met if the "receipt of the child into the home [was] sufficiently unambiguous as to constitute a clear declaration regarding the nature of the relationship ...." ( Charisma R ., supra , 175 Cal.App.4th at p. 374,
There are no specific factors that a trial court must consider before it determines that a parent has "received" a child into the home and has established a parental relationship. "In determining whether a man has 'receiv [ed a] child into his home and openly h[eld] out the child' as his own [citation], courts have looked to such factors as whether the man actively helped the mother in prenatal care; whether he paid pregnancy and birth expenses commensurate with his ability to do so; whether he promptly took legal action to obtain custody of the child; whether he sought to have his *146name placed on the birth certificate; whether and how long he cared for the child; whether there is unequivocal evidence that he had acknowledged the child; the number of people to whom he had acknowledged the child; whether he provided for the child after it no longer resided with him; whether, if the child needed public benefits, he had pursued completion of the requisite paperwork; and whether his care was merely incidental." ( T .R ., supra , 132 Cal.App.4th at p. 1211,
In Charisma R ., the appellate court found substantial evidence supported the presumed parent finding when the parent attended the birth of the child, shared parenting responsibilities for the first six weeks of the child's life, cared for the child full time for the following seven weeks, and held herself out as the child's mother in various ways. ( Charisma R ., supra , 175 Cal.App.4th at pp. 374-375,
In Jason P ., the appellate court upheld the trial court's conclusion that the father had sufficiently "received" his son at his apartment in New York, noting that the child spent time at the father's apartment in New York, the father made arrangements with his assistant to accommodate the child while he was there, he took the child to the park when he was not working, he fed, played music for, and read to the child, he arranged for an allergist to see the child, he obtained a baby gate for the child to prevent him from falling down the stairs in his apartment, and he gave the child his own room in the apartment. ( Jason P ., supra , 9 Cal.App.5th at p. 1022,
In S .Y . v . S .B . (2011)
In its statement of decision, the trial court relied on A .A ., supra ,
In contrast, the A .A . court found there was sufficient evidence the appellant (not the biological father) met the requirements to achieve presumed father status under section 7611, subdivision (d). ( A .A ., supra , 114 Cal.App.4th at p. 784,
The trial court also relied on In re Cheyenne B . (2012)
Cheyenne B . characterized A .A . as requiring "regular visitation" in order to satisfy receipt under section 7611, subdivision (d). ( Cheyenne B ., supra , 203 Cal.App.4th at p. 1379,
W.S. argues that cases like A .A . and Cheyenne B . limit their holdings to dependency proceedings. Principally, W.S. relies on In re Jerry P . (2002)
Nothing in Jerry P . suggests that we must interpret section 7611, subdivision (d) differently depending upon whether it is applied in the dependency context or in some other proceeding. As explained in Jerry P ., the purpose served by determining presumed parent status in a dependency proceeding is different than in a proceeding to determine a parental relationship. In a dependency proceeding, the presumed parent status entitles one to services not available to a natural parent who has not attained that status. However, it would make little sense to apply one definition of "receiving" as used in section 7611 to dependency actions while applying another definition to all other proceedings. Section 7611 should be subject to only one interpretation, regardless of the type of action in which it is used.
W.S. also argues the trial court impermissibly evaluated him using the factors set forth in Kelsey S ., supra ,
*149There is some overlap in the factors used to determine whether a man is a presumed father under section 7611 and whether he is a father within the meaning of Kelsey S . (See In re Elijah V . (2005)
2. Visitation Rights
Next, W.S. argues that as daughter's biological father, he has a right to visitation under section 3100. He insists the provision regarding visitation found in section 3100 operates notwithstanding his failure to achieve status as a presumed parent. Alternatively, he claims that even if he was not a presumed parent, the court had the discretion to grant visitation rights to nonparents, and it failed to exercise this discretion.
First, we find that section 3100 is inapplicable in the context of this case. Section 3100, subdivision (a) begins by specifying that it applies when the court makes "an order pursuant to Chapter 4 (commencing with Section 3080)" of the Family Code, which discusses joint custody orders. (§ 3100, subd. (a).) Here, W.S. requested joint custody of daughter. However, since he failed to establish parentage under the UPA, the court did not make any joint custody orders. Thus, it did not make "an order pursuant to Chapter 4" of the Family Code, and section 3100's provisions providing for visitation (both for parents and for interested parties) are inapplicable here. (See Ed H . v . Ashley C . (2017)
Second, W.S.'s argument that section 3100's provision providing for parental visitation applies to him fails as a matter of law. W.S. argues that a "parent" under section 3100 is not limited to presumptive parents as defined *150under the UPA. W.S.'s claim is a question of law that we review de novo. ( People ex rel . Lockyer v . Shamrock Foods Co ., supra , 24 Cal.4th at p. 432,
"Division 8, part 2 of the Family Code governs the right to custody of a minor child. Part 2 applies not only to dissolution, nullity and legal separation proceedings and actions for exclusive custody, but also to proceedings to determine custody or visitation in actions brought under the ... UPA. (§ 3021, added by Stats. 1993, ch. 219, § 116.11.) The Law Revision Commission comments to this section are particularly pertinent: 'This section expands the application of this part to proceedings in which custody or visitation is determined in an action pursuant to ... the [UPA]. ...' " ( Barkaloff v . Woodward (1996)
*772Section 3100 does not expressly define the term "parent." W.S., however, brought an action under the UPA to determine the existence of a parental relationship. The UPA determines parentage-the "parent and child relationship"-as "the legal relationship existing between a child and the child's natural or adoptive parents .... The term includes the mother and child relationship and the father and child relationship." (§ 7601, subd. (b), italics added.) The UPA further provides that the "parent and child relationship may be established as follows: (a) Between a child and the natural parent, it may be established by proof of having given birth to the child, or under this part." (§ 7610, subd. (a), italics added.) This "part" includes section 7611. As we have previously discussed, section 7611, subdivision (d) provides that a person is a presumed parent if he or she "receives the child into his or her home and openly holds out the child as his or her natural child."
Thus, one way for W.S. to establish he is a natural parent under the UPA is to prove he meets the statutory elements of the presumption set forth under section 7611, subdivision (d). Here the trial court found W.S. did not meet the elements of the presumption. In other words, although W.S. is daughter's biological father, he is not a "natural parent" as defined under the UPA. Therefore, he does not have a parent-child relationship with daughter, and the trial court did not err by declining to award him visitation under section 3100 as a "parent."
Lastly, we find W.S.'s reliance on Camacho v . Camacho (1985)
3. Constitutionality of the Statutory Scheme
W.S. raises several constitutional challenges to the statutory scheme of the UPA and the Family Code. He argues he has a liberty interest, protected as a matter of substantive due process, in his relationship with daughter. He also argues section 3010 violates equal protection principles, because it automatically grants custody to biological mothers while requiring fathers to establish "presumed" parenthood under section 7611. He argues California law further divides fathers into various subclasses based on their marital status, readily granting married fathers presumed parenthood status while requiring unmarried fathers to additionally prove receipt of the child into the home and acknowledgement of the child as his own.
Preliminarily, we find W.S.'s constitutional arguments are waived for failure to raise them to the trial court. " ' "Typically, constitutional issues not raised in earlier civil proceedings are waived on appeal." ' " ( Neil S . v . Mary L . (2011)
Furthermore, even if we were to consider W.S.'s arguments as pure questions of law presented by undisputed facts, we would reject them. First, we find Kelsey S ., supra ,
"A court should consider all factors relevant to that determination. The father's conduct both before and after the child's birth must be considered. Once the father knows or reasonably should know of the pregnancy, he must promptly attempt to assume his parental responsibilities as fully as the mother will allow and his circumstances permit. In particular, the father must demonstrate 'a willingness himself to assume full custody of the child-not merely to block adoption by others.' [Citation.] A court should also consider *152the father's public acknowledgment of paternity, payment of pregnancy and birth expenses commensurate with his ability to do so, and prompt legal action to seek custody of the child."
Here the trial court expressly found that W.S. did not take prompt legal action to obtain custody, did not assist S.T. in prenatal care or pay for birth expenses, was not involved in daughter's healthcare, and did not give daughter parental-type care when she visited. In short, W.S. did not demonstrate a full commitment to his parental responsibilities. Absent such a demonstrated commitment, W.S. did not have a protected liberty interest in establishing a parental relationship with daughter and his parental rights were not entitled to equal protection as to those of a mother. (Kelsey S ., supra , 1 Cal.4th at pp. 849-850,
Second, W.S.'s claim that the statute unconstitutionally prefers married fathers over unmarried fathers in violation of equal protection principles is undeveloped on appeal. " ' "The first prerequisite to a meritorious claim under the equal protection clause is a showing that the state has adopted a classification that affects two or more similarly situated groups in an unequal manner." ' " ( Walgreen Co . v . City and County of San Francisco (2010)
In his opening brief, W.S. does not explain how or why unmarried fathers and married fathers are similarly situated to each other. Nor does he explain or make arguments pertaining to what level of scrutiny should apply if the two groups are similarly situated to each other. Having failed to support his conclusory equal protection claim with reasoned legal analysis and citations to the law, we consider it waived. ( Benach v . County of Los Angeles (2007)
4. Timeliness of W .S i.'s Request to Establish a Parental Relationship
W.S. argues the trial court erred when it determined his petition to establish a paternal relationship was untimely. He argues the trial court's statement of decision is replete with references to his failure to take earlier legal action to establish his parental rights, which it should not have taken into consideration.
W.S. is correct that there is no statute of limitations for requesting custody or visitation of one's child. Under section 7630, subdivision (b), "[a]ny interested party may bring an action at any time for the purpose of determining the existence or nonexistence of the parent and child relationship presumed under subdivision (d) or (f) of section 7611."
W.S., however, is incorrect that the trial court found his request to be untimely. At no point did the trial court indicate in its statement of decision that it believed W.S.'s petition was barred by the statute of limitations. Rather, the trial court referenced the timeliness of his petition when it examined whether W.S. promptly stepped forward and assumed parental responsibilities, a factor it properly considered when considering if he achieved presumed parent status.
5. Bias
Lastly, W.S. argues the trial court's ruling on his petition raises doubts as to whether its decision was the product of bias. He argues bias can be *154inferred, because the trial court found S.T. to be credible despite her lack of candor during her testimony, in her trial briefs, and in her pleadings.
W.S.'s argument has no merit. "A party has the right to an objective decision maker and to a decision maker who appears to be fair and impartial." ( Wechsler v . Superior Court (2014)
*775As the trier of fact, the trial court must evaluate the credibility of witnesses and make determinations when conflicting evidence is presented. The trial court's "reliance on certain witnesses and rejection of others cannot be evidence of bias no matter how consistently the [trial court] rejects or doubts the testimony produced by one of the adversaries. ... 'total rejection of an opposed view cannot by itself impugn the integrity or competence of a trier of fact.' " ( Andrews v . Agricultural Labor Relations Bd . (1981)
DISPOSITION
The order is affirmed. S.T. is entitled to her costs on appeal.
WE CONCUR:
Bamattre-Manoukian, J.
Grover, J.
Unspecified statutory references are to the Family Code.
W.S. and S.T. used a DNA testing kit purchased at a drugstore. The blood DNA test was not court-ordered.
W.S.'s friend testified at the hearing that he saw daughter at W.S.'s home only five or six times.
A friend who coordinated pickups with S.T. confirmed that she picked daughter up at W.S.'s home once or twice a week.
The first day of the trial was held on October 21, 2014. The trial continued on to December 9 and 15, 2014.
The parties did not dispute that W.S. held daughter out as his own child. They only disputed whether W.S. received daughter into his home within the meaning of section 7611, subdivision (d).
In addition to addressing W.S.'s arguments, S.T. argues in her respondent's brief that sufficient evidence supported the trial court's conclusion that W.S. did not achieve presumed parent status. We decline to address this argument. W.S. did not raise this claim in his opening brief. Issues not raised in the appellant's opening brief are deemed waived or abandoned. (Aptos Council v . County of Santa Cruz (2017)
We briefly discussed the Kelsey S . factors earlier in our opinion, when we evaluated W.S.'s claim that he qualified as a presumed parent under section 7611.
It is also a factor that is properly considered when determining if W.S. had a protected due process right to establish a relationship with daughter, as we previously discussed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.