County of Los Angeles v. SHELDON P.
Opinion
Opinion
Armstrong, J.
The County of Los Angeles (through the Child Support Division of the Los Angeles County District Attorney’s Office) (County) filed a complaint regarding parental obligations, contending that appellant Sheldon P. was the father of a three-year-old girl, J., and asking that he be ordered to pay support in the amount of $390 each month. Sheldon P. defended on the ground that another man, Leon M., had signed a voluntary declaration of paternity regarding J. The County moved to set the declaration aside under Code of Civil Procedure section 473. The trial court granted the motion. Sheldon P. filed this appeal. We find that the trial court order cannot stand because Leon M. was not given notice of the proceeding.
Voluntary Declarations of Paternity
With the adoption of the statutory scheme on voluntary declarations of paternity, Family Code section 7570 et seq., the Legislature declared that there was a compelling state interest in establishing paternity for all children, with the goal of providing children with support awards and with equal access to benefits such as Social Security, health insurance, and inheritance rights, and found that “Knowledge of family medical…