CALIFORNIA FAMILY LAW
...Custody and Visitation
......Paternity/Surrogacy Issues
.........Rebuttable Presumption
11 Cards On This Topic:

Rebuttable, conflicting presumptions.

Biological paternity by a competing presumed father does not necessarily defeat a nonbiological father's presumption of paternity.

Biological father not denied due process by order naming another presumed father; no showing of unfitness required.

Judgment establishing fatherhood for ••c/s purposes•• is a paternity judgment w/in meaning of FC 7612(c), and rebuts FC 7611(d) presumption; rebuttal does not require finding that a man with a prior paternity judgment is a presumed father.

Substantial evidence supported finding father's visitation with C was not consistent and regular and, thus, was not sufficient to satisfy the requirement that he received her into his home.

Trial court erred in finding biological F was not a presumed F where he did everything required to qualify under Kelsey S. was then cut off from contact with C by mother and court.

Juvenile court must weigh conflicting presumptions as between 3 presumed parents under FC 7612(b) standard and in view of circumstances after the parentage determination was made.

Where 2 presumed fathers, and court properly found one entitled to greater weight under FC 7612(b), no error in not ordering genetic testing sua sponte.

Presumption of paternity overcome by man's testimony that he did not have access to mother during conception despite genetic paternity index of 1290.

Evidence of mere existence of other untested sex partners insufficient to rebut statutory presumption of paternity based on genetic testing.

Paternity presumptions do not apply in case determining validity of traditional surrogacy contract; mother can be determined without regard to presumptions.