People v. Johnson
Opinion
Opinion
Newsom, J.
Respondent and Twila Rickley (hereinafter Twila) lived together from September 1972 until May 1980, when they separated. They never married, and are the natural mother and parents of two children: Andrew Shannon Johnson, born May 22, 1975, and Taylor Scott Johnson, born April 9, 1977.
On June 3, 1980, a month after their separation, Twila filed a complaint in superior court (Civ. Code, § 7004, subd. (a)(4)), asking for a judgment decreeing that a father and child relationship exists between respondent and the children, granting joint legal custody of the children with physical custody to her and visitation to respondent, and awarding her child support and attorney fees. The complaint was apparently never served on respondent.
At the time of the couple’s separation, in 1980, they were living in Occidental, California. Twila then moved to Camp Meeker, California, taking the children with her. Respondent maintained regular contact with the children, spending each weekend with them at his residence. During the summer of 1981, the children spent about half their time with respondent, returning to Twila’s home four or five days before the start of school.