Gadbois

This petition challenges a trial court’s failure to permit pendente lite visitation by the plaintiff in an action to establish his paternity, Petitioner contends that the trial court erred in failing to consider his evidence and in failing to make a preliminary determination of paternity. We agree and issue peremptory writ of mandate.

Petitioner claims to be the father of a two-year-old child born to real party in interest on August 11, 1979. He alleges that he had visited the child from birth until June 1981. Real party admits that such visitation took place at least during the second year of the child’s life. In June of 1981, when visitation ceased, he brought suit to establish his paternity. (The record before us does not establish a cause and effect relationship between the end of visitation and the filing of the suit.) In connection with the suit he moved for pendente .lite visitation rights. His motion was denied.

At the hearing petitioner proffered documentary evidence of a blood test which showed a 99.3 percent chance he was the child’s father. He also presented declarations from persons told by real party that petitioner was the child’s father. A report from…