California Court of Appeal

In a dispute over who was the father of a minor Cheyenne B.: 1) the judgment is reversed to the extent that it found that Dennis M. was the presumed father of Cheyenne B., as the presumption of his paternity was rebutted by Richard B.'s earlier paternity judgment, which was obtained prior to the trial court's making its determination as to Dennis M.; and 2) the judgment is affirmed to the extent that it found that Richard B. was not a presumed father, where such finding was supported by the record, and neither Family Code section 7612(c), nor section 7636 required that a prior paternity judgment must result in a finding of "presumed father" under section 7611(d).

Appellate Information

• Decided 02/28/2012
• Published 02/28/2012

Judges

• Croskey

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Darlene Azevedo Kelly, Jack A. Love