Kevin Q. v. Lauren W.

Lauren W. (mother) appeals from a paternity judgment finding Kevin Q. is the father of her son Matthew W. (the child), even though Brent A., the child’s biological father, signed a voluntary declaration of paternity. We conclude that because the voluntary declaration of paternity signed by Brent functioned as a judgment of paternity under Family Code section 7573, the court’s ruling must be reversed.

FACTS

At a February 8, 2008 paternity hearing, Kevin, mother, Brent, and the child, through counsel, waived an evidentiary hearing and agreed the court could base its decision on “the factual matters set forth in the file,” including declarations and exhibits that were inadmissible under the rules of evidence. No oral testimony was presented at the hearing. Accordingly, the following recitation of facts is taken from reporter’s transcripts and documents filed with the lower court, including declarations and exhibits.

Kevin, an attorney who practices family law in Orange County, and mother “started a relationship in February of 2003.” Mother and her first son moved in with Kevin for part of 2003, then moved out, but “resumed living with” Kevin at some point when mother was…