CALIFORNIA FAMILY LAW
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Custody and Visitation
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Paternity/Surrogacy Issues
.........Genetic Testing
9 Cards On This Topic:
Court may order genetic testing to determine parentage.
Genetic parent determined by testing; requirements for challenge.
Blood / genetic testing may overcome presumption of parentage in limited cases.
At dependency hearing to determine presumed parentage, where the court has identified a presumed F based on marital status and conduct, the issue of biology is not relevant and the presumed F is not entitled to a genetic test.
Trial ct. erred prejudicially in finding W's petition to establish ex-lover's parental relationship with C was untimely and in not entertaining her request for genetic testing.
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paternity action when RPI had no standing as a presumed father except a voluntary declaration of paternity executed and rescinded by a married woman—declaration void and had no effect.
F's court action after tests disproved paternity barred by res judicata where he stipulated to paternity judgment 6 yrs earlier, without coercion, and in full knowledge of rights.
Court abused discretion in ordering blood testing of mother and child prior to vacating of paternity judgment.
Parent may not use motion to modify child support to reopen issue of paternity once final judgment of paternity has been rendered.