Winn

— In July 2004, the County of San Joaquin Department of Child Support Services (the county) commenced this proceeding against Steven D. Winn to establish that he is the father of two children and to obtain an order that he pay child support and provide health insurance for those children.

In March 2005, the county filed an order to show cause seeking (among other things) an order for genetic testing. Winn filed an “objection” to the county’s action on the grounds of lack of jurisdiction and lack of standing. Essentially, Winn’s argument was that the children had been bom during the marriage of their mother, Jeanelle O., to another man (Gregory O.) and that man “should have been found to be the presumed father” of the children in the proceeding to dissolve the marriage. Instead, Winn contended, the court in the dissolution proceeding had wrongfully ordered genetic testing and determined that Gregory O. was not the children’s father. Winn contended the county’s request for genetic testing as to him was untimely under Family Code section 7541, the county was not a proper party to bring such a motion, and the county did not have the right to bring this proceeding under…