CHILDREN AND THE LAW
...Evidentiary Issues
......Paternity Cases
.........Voluntary Decl. of Paternity
8 Cards On This Topic:

Evidentiary paternity presumptions are irrelevant in dependency. FC 7611 presumption of paternity rebutted by FC 7612(c) relates to ••biological•• paternity, irrelevant to presumed father status in dependency action.

DNA test showing boyfriend was not C's father was not dispositive of his right to participate in dependency proceedings, but he was not entitled to PF status merely because he signed a VDP.

Trial ct. had the authority to set aside VDP where mother lied about D being the only possible father, and blood tests showed he was not; competing paternity presumptions properly resolved in P's favor.

No abuse of discretion in summary denial of F's W&IC 388 petition where improperly-executed, late-filed voluntary decl. of paternity did not show F was presumed father or qualify him for family reunification.

PF's voluntary declaration of paternity trumped H's presumed father status under FC 7611(d) despite inequities; presumed fatherhood based on VDP is not to be weighed against other FC 7611 presumptions.

Trial court erred in ordering genetic testing in paternity action when RPI had no standing as a presumed father except a voluntary declaration of paternity executed and rescinded by a married woman—declaration void and had no effect.

Juvenile court did not abuse its discretion in declining to set aside VDP, where best interests of C would not be furthered by doing so, and no other procedure for setting aside VDP was available to D.

Biological F's voluntary declaration of paternity functioned as a judgment of paternity under FC 7573, trumping ex-boyfriend's rebuttable paternity presumption under FC 7611 (d).