CHILDREN AND THE LAW
...Dependency Petitions
......Selection & Implement. Hrg.
.........Paternity Procedure
10 Cards On This Topic:
  • In determining residence of minor for Welf. & Inst. Code §300 proceedings, court may make finding of paternity. If no finding made, residence is with mother.
  • Juvenile court has jurisdiction to determine parentage when necessary to any ultimate determination.
  • Substantial evidence supported finding F was presumed F, but not BioDad, where evidence was conflicting, and seemed possible he was, but also possible he was not, BioDad.
  • Where alleged F filed JV-505 requesting determination of biological paternity, juvenile ct. erred in requiring him to pay for testing but failing to make the determination, whether by genetic testing or otherwise.
  • Parentage finding as to alleged biological F incomplete—juvenile ct. required to determine if he was C's biological father as part of parentage determination, whether by genetic tests or based on other evidence presented.
  • As trial court never acquired fundamental personal jurisdiction over D, who was in jail when process server falsely claimed he personally served him, order denying D's motions to set aside default and dismiss reversed.
  • Late-appearing father whose paternity was hidden from him by the mother is not a presumed father entitled to reunification services without regard to the best interests of the child
  • As court properly denied F2's motion to set aside paternity judgment naming F1, no legal ground to proceed with paternity testing or to consider merits of F2's modification petition.
  • Questions at W&I §366.26 hearing re suitability of prospective adoptive family irrelevant to likelihood of adoption; suitability to adopt is subjective, not legal impediment to adoption.
  • Cal. held proper forum under PKPA to litigate custody of minor born and delivered into custody of prospective adoptive parents in Cal. PKPA tests applied.