County of Los Angeles v. Christopher W.
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After the County commenced an action against biological father to establish his paternity and his obligation to provide child support for M.D., biological father successfully moved to join mother's boyfriend as a party in the action, asserting that mother's boyfriend, not he, was M.D.'s father under Family Code section 7611, subdivision (d).
The Court of Appeal reversed the trial court's determination that mother's boyfriend was M.D.'s father, holding that clear and convincing evidence of biological father's biological paternity rebutted, as a matter of law, any presumption under section 7611 subdivision (d) that mother's boyfriend was M.D.'s father. Because the presumption did not apply, biological father's only defense against the County failed.
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