Comino

Stephanie Lynne Kelley appeals from a judgment of paternity in favor of Paul Henry Comino in his action to establish a parental relationship with Joshua Paul. We conclude the court properly (1) refused to apply the conclusive presumption of Evidence Code former section 621 to establish the paternity of Stephanie’s husband, and (2) found Paul to be a presumed father under Civil Code former section 7004.

Factual Background

Stephanie met Jeffrey Moyer at a wedding in May 1987. At the time, Stephanie lived in a two-bedroom apartment with a roommate, and Jeffrey, a sergeant in the Marine Corps, lived in barracks on a military base. Stephanie and Jeffrey did not date one another, but in July, when Stephanie’s roommate moved out, the two agreed to marry for the sake of mutual convenience or economic advantages. Jeffrey called the marriage a “business relationship” which made it possible for him to receive a married man’s “privileges through the military.” Stephanie had a “replacement” roommate to share rent payments, and she qualified for medical insurance available to dependents of military personnel.

After their July meeting, Stephanie and Jeffrey did not see each other…