In re Emma B.
Annotate this CaseMichael B., a presumed father of infant Emma B., appealed a juvenile court order denying his motion for paternity testing. He argued the trial court had an obligation to order such a test because biological paternity was a relevant fact and in denying his motion, the court prevented him from rebutting his presumed father status under Family Code section 7611, subdivision (a). After review of the trial court record, the Court of Appeal disagreed that a biological paternity determination was an essential or relevant issue in the underlying proceedings and affirmed the order.
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