Alicia R. v. Timothy M.
Opinion
Opinion
Lillie, J.
Timothy M. (M.) appeals from an order following a hearing on an order to show cause regarding child support and attorney fees and costs. He contends the trial court erred in refusing to apply the conclusive presumption of paternity pursuant to Family Code section 7540 (Evid. Code, § 621) and finding him to be the biological father of Lindsay (the child).
Statement of Facts and Procedural History
On November 26, 1988, knowing that Alicia R. (R.) was still legally married to another, Peter S. (S.) and R. entered into a marriage ceremony. When they married, R. moved from her residence in Malibu, California, to S.’s residence next door also in Malibu.
The child was conceived in approximately December 1989 and was born on September 22, 1990. S. was present at the hospital when the child was born and was named as the father on all hospital records. R. signed the child’s birth certificate, stating that S. was the father.
In May 1992, the child was baptized; R. was identified as the mother and S. as the father. Their friends and family attended the baptism.
On January 27, 1993, S. filed a proceeding for dissolution of his marriage to R. In his verified petition he identified…