CHILDREN AND THE LAW
...Dependency Petitions
......Presumption of Paternity/Maternity
 40 Cards On This Topic:
  • Conclusive presumption of paternity.
  • Presumption of natural parenthood.
  • FC 7611 presumption is rebuttable.
  • Action to establish parent child relationship.
  • Presumption of paternity is constitutional in giving categorical preference to mother’s husband over natural father.
  • Under circs, no abuse of discretion in finding this not an appropriate action to rebut SF's claim to presumed fatherhood; court must weigh all relevant factors—incl. biology—in determining which presumption of fatherhood paramount.
  • Incarcerated father was not denied any statutory or constitutional rights when juvenile ct. determined his presumed father status in his absence where his attorney was present.
  • Juvenile court did not abuse its discretion in identifying M's presumed father before making ultimate determination that she should be declared a dependent of the court.
  • Alleged biological father has no constitutionally protected liberty interest defeating Cal.'s statutory presumption favoring husband.
  • Substantial evidence supported juv. court's finding that FC §7612(c) did not apply to boyfriend as he failed to show existing parent- child relationship with Cs such that recognizing only two parents would be detrimental under Donovan L.
  • Where BioDad and C lacked an existing parent-child relationship, court erred in applying section FC §7612(c) to find BioDad was C's presumed father and 3d parent.
  • Applying presumed parent statutory scheme was not an unconstitutional interference with fundamental right of single-mother-by-choice to parent; non-biological F was C's presumed parent and presumption not rebutted.
  • Under amended FC 7630(c), ex-boyfriend claiming to be C's father is entitled to bring action to determine the existence of the father and child relationship even though husband is a presumed father.
  • Even if issue not waived, grandfather could not be found presumed father where he offered no evidence he openly and publicly acknowledged paternity as required by FC 7611.
  • Paternity judgment by itself does not require that a man who has had no contact with Cs for years be declared a presumed father.
  • Biological mother failed to meet her burden of showing that declaring the presumed mother to be C's 2d parent was an unconstitutional infringement of her state and federal rights to substantive DP and EP.
  • No abuse of discretion in concluding there was no basis under FC 7612(a) to rebut parentage FC 7611 parentage presumption.
  • For presumed parenthood, receipt of C into home must be sufficiently unambiguous as to constitute a clear declaration regarding the nature of the relationship, but need not continue for any specific duration.
  • As FC 7611(d) requires only that presumed F receive Cs into his home and openly hold them out as his own, juvenile ct. erred in ruling presumption rebutted by failure to keep in contact with and support family.
  • Even had biological F successfully demonstrated he was presumed F under Kelsey S., that alone not sufficient to overcome judgment of paternity represented by voluntary declaration of paternity signed by another.
  • Non-offending, stable, financially responsible adult, who came forward at earliest possible moment and when C in foster care for only 8 mos., is entitled to presumed F status and reunification services.
  • Order awarding presumed father status to husband aff'd where biological father did not seek that status until after W&IC 366.26 hearing set and could not then show modification of his status was in C's best interest.
  • Where F did not establish himself as presumed father w/in meaning of FC 7611(d), there were no competing presumptions for court to balance in naming another as conclusively presumed F.
  • Establishing self as a Kelsey S. father: Facts in Zacharia D., Julia U. and Andrew L. compared and distinguished.
  • Sister who raised brother as her own was entitled to presumed mother status.
  • Determination of biological parenthood in favor of one man in a dependency case does not necessarily defeat another man's FC 7611 presumed father status in that same case.
  • Court erred in denying F presumed father status in dependency proceeding based upon blood test confirming he was not minor's biological father.
  • Where parties make prima facie showing that father executed a voluntary declaration of paternity, they are permitted to rely on EC 664 that official duty was regularly performed; burden shifts to DSS to rebut presumption.
  • Court properly awarded D presumed father status on basis of signing voluntary declaration of paternity; declarations signed after 1/1/97 still entitle male signatory to presumed father status.
  • Court’s refusal to allow young man opportunity to prove presumed F status and parental fitness contravened statutory dependency scheme and violated his constitutional rights.
  • F did not meet FC §7611 requirements for presumed father status: M removed from mother before leaving hospital and F never physically received M into home.
  • Unwed F failed to establish foundation required for presumed father status: receiving child into his home and openly and publicly acknowledging paternity.
  • Biological father may be convicted of battering child’s mother even if their parental rights to child terminated before offense committed.
  • Court properly terminated rights of biological (but not presumed) father who had no familial relationship with minor and showed no commitment to parental responsibilities.
  • Presumption of paternity may be rejected by facts which clearly establish that application not in public interest.
  • If cohabiting husband at time of child’s birth has denied paternity to child, he may be estopped to prove paternity later.
  • Alleged grandparents cannot be ordered to provide blood test to see if deceased man is child’s father.
  • Mere expression of willingness by natural father to bring child into his home did not change his status to presumed father for adoption purposes. Efforts insufficient for "constructive receipt."
  • The presumption of paternity generally.
  • Cases discussing the presumption of paternity/maternity.


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