California Court of Appeal

Dismissal of action brought by step-mother to be declared 3-year old boy's presumed mother, since father and step-mother have raised boy in their home since he was one month, is affirmed where the statutory presumptions of paternity contained in the Family Code do not enable the wife of a man who fathered a child in an extramarital relationship to assert status as the child's mother, when the child's biological mother has come forward promptly to assert her maternal rights.

Appellate Information

• Decided 08/17/2006
• Published 08/17/2006

Judges

• KLEIN, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Goodman & Metz and Diane M. Goodman, Los Angeles, for Plaintiff and Appellant Amy G.


• For Appellees:
  
• Leslie Ellen Shear, Encino;  and Robert J. Friedman, Beverly Hills, for Defendant, Appellant and Petitioner G. G., No appearance for Respondent Superior Court of Los Angeles County., Law Office of Levin & Margolin, Lionel P. Levin, Beverly Hills;  Barbakow & Ribet and Claudia Ribet, Beverly Hills, for Defendant, Respondent and Real Party in Interest M. W.