Guardianship of Ethan S.

These appeals in consolidated guardianship and parentage proceedings over minor Ethan S. (Ethan) raise issues of a putative father’s right to counsel and the paternity presumption of Evidence Code section 621. Lewis Headrick, the boy’s guardian and the defendant in an action brought by Wayne S. (Wayne) under the Uniform Parentage Act (UPA) (Civ. Code, § 7000 et seq.), appeals from orders granting Wayne summary judgment and terminating the guardianship. We will affirm both orders.

Background

Since the contentions on appeal center on the summary judgment, we draw the facts mainly from the evidence presented on that motion. Wayne supported his motion with voluminous exhibits, declarations and the records on file. Opposition filed by Headrick did not dispute the facts but relied on the legal effect of the statutory presumption of paternity.

Ethan was born in July 1980, in Fortuna, to Maureen Ellen Greenwald, who was married to and living with Headrick. Two older children, Iris (Greenwald’s from a prior relationship) and Ezra Headrick, also lived in the home. However, Headrick was traveling and Greenwald was having an extramarital affair with Wayne in San Francisco when…