In re Emma B.
San Diego County Health & Human Services Agency v. Michael B.
Opinion
Opinion
Huffman, J.
In this dependency proceeding concerning the infant Emma B. (Emma), Michael B. (Michael), a presumed father, appeals a juvenile court order denying his motion for paternity testing. He contends the court had an obligation to order such a test because biological paternity is a relevant fact and in denying his motion, the court prevented him from rebutting his presumed father status under Family Code section 7611, subdivision (a). We disagree that a biological paternity determination is an essential or relevant issue in the current proceeding and affirm the order.
FACTUAL AND PROCEDURAL BACKGROUND
Michael and J.B. (Mother) married in 2011 and continuously lived together until Michael’s military deployment to the Persian Gulf in August 2013. Michael returned home in April 2014 and found Mother was seven months pregnant, as she had “had relations” with another man while Michael was gone. Michael lived with Mother throughout the remainder of her pregnancy. He was at the hospital when Emma was bom in July 2014 and signed the birth certificate as Emma’s “father.” For a few months, he financially supported Emma and listed her as a military dependent for insurance purposes.…