C. P., et al. v. C. A.

Does California's Family Code section 7612(c), granting third parties legal and physical custody rights to a minor child as a "third parent," regardless of a finding of unfitness of the child's two legal parents, impermissibly interfere with the parents' fundamental rights in the 11 care, custody and companionship" of their child under the Fourteenth Amendment to the United States Constitution? Were Petitioners, a married couple raising three children in an intact and fit home, deprived of their constitutional right to care, custody and control of their youngest child when the court applied California's "third parent law" to require them to share legal and physical custody of her with a man with whom Mother had had an extramarital affair?