County of San Bernardino Child Supp. Div. v. Black CA4/2

I. INTRODUCTION

Defendant and appellant, James A. Black, Jr., appeals from a judgment regarding

parental obligations. Defendant contends the trial court erred in finding that he was on

notice that he might not have been the child’s biological father; in relying on a

disapproved and inapposite case; in ignoring Family Code section 7612, subdivision (a);

and in failing to apply Family Code section 7646, subdivision (a)(2). Defendant further

contends he received incompetent representation of counsel at trial.

Plaintiff and respondent, County of San Bernardino Child Support Division,

contends that defendant cannot appeal the stipulation and judgment because a stipulated

judgment is nonappealable, and that judgment rendered moot his challenge to the denial

of his application to set aside the voluntary declaration of paternity. Plaintiff further

contends defendant forfeited any claim that the trial court erred in failing to consider

whether the voluntary declaration of paternity could be set aside under Family Code

section 7646 because he failed to raise the issue in the trial court. Finally, plaintiff

contends defendant failed to provide any legal authority to support his…