California Court of Appeal

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J.R. v. D.P., B236047

In a paternity dispute, trial court's judgment in favor of the biological father is affirmed where; 1) the biological father has standing, either under the section 7630(c), as it exists today, or by virtue of the principles stated in Kelsey S. and applied in Gabriel P.; 2) under the circumstances of this case, the trial court had the authority to set aside the defendant's voluntary declaration of paternity; and 3) the trial court did not err in concluding that the biological father's presumption of paternity was controlling, as it was the presumption which on the facts was founded on the weightier considerations of policy and logic.

Appellate Information

  • Decided 12/21/2012
  • Published 12/21/2012

Judges

  • Grimes

Court

  • California Court of Appeal

Counsel