In re D.S.
Santa Clara County Department of Family & Children's Services v. A.V.
Opinion
Opinion
Premo, J.
This appeal involves competing claims for presumed father status of four-year-old D.S. by the boy’s biological father, A.V., and his stepfather, B.E. The juvenile court ruled that A.V. qualifies as a presumed father under Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] (Kelsey S.) and that B.E. is a statutorily presumed father under Family Code section 7611, subdivision (d). As required by section 7612, the juvenile court weighed those competing paternity presumptions in view of the relevant facts and ruled that A.V.’s presumption was founded on weightier considerations of policy and logic and, thus, controlled.
B.E., D.S., and D.S.’s mother (mother) appeal. They maintain the juvenile court erred in ruling that A.V. is a presumed father under Kelsey S. and abused its discretion in resolving the conflicting paternity presumptions in A.V.’s favor. We find their first challenge has merit and, therefore, shall reverse with directions.
I. Factual and Procedural Background
Mother and A.V. met in 2009, when mother was 19 years old and A.V. was 45 years old. Mother had just been released from jail and needed a place to stay, so she moved in…