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v.
AFFIRMED
COUNSEL
OPINION
T H O M P S O N, Judge:
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Opinion of the Court
3 On appeal, Tonya argues this case is not ripe for judicial review,
and thus not justiciable, because there was no joint petition, or denial of a
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Opinion of the Court
DISCUSSION
5 Susan argues the family court should utilize the remedy of a nunc
pro tunc order to retroactively cure the constitutional prohibition. A nunc
pro tunc order is not a remedy and therefore not a viable option in this case.
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Opinion of the Court
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Opinion of the Court
legal parent, as Susan argues for here. See, e.g., Miller v. California, 355 F.3d
1172, 1176 (9th Cir. 2004) (A de facto parent has an interest in the care of
the child that is entitled to legal protection; however, de facto parents are
not equated with biological parents.); Olvera v. Cty. of Sacramento, 932 F.
Supp. 2d 1123, 1141 (E.D. Cal. 2013) (recognizing the limited rights de facto
parent status provides and that such rights are not equated with the rights
of parents) (internal quotation and citation omitted); E.N.O. v. L.M.M., 711
N.E.2d 886, 891 (Mass. 1999) (A child may be a member of a nontraditional
family in which he is parented by a legal parent and a de facto parent.).
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Opinion of the Court
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Opinion of the Court
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Opinion of the Court
(Emphasis added.)
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Opinion of the Court
CONCLUSION
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