San Francisco Human Services Agency v. Heidi S.

Alexander P. (minor), then three years old, became the subject of a dependency petition after his stepfather, Donald Q. (Donald), assaulted his mother, appellant Heidi S. (Mother), in the minor’s presence. At the time of the filing of the dependency petition, the minor’s paternity was the subject of separate family court proceedings filed by two other men, appellants Michael P. (Michael) and Joel D. (Joel). Joel is the minor’s biological father, while Michael is the man with whom Mother was living at the time of the minor’s birth. Two weeks after the filing of the dependency petition, the family court ruled that both Michael and Joel qualified as presumed parents and designated both under Family Code section 7612, subdivision (c), which authorizes multiple presumed parents.

When the juvenile court inquired into the minor’s paternity during the initial stages of this dependency proceeding, all three men sought to be declared the minor’s presumed parent. Michael and Joel based their claims on the family court’s order, while Donald provided evidence that he had, as a practical matter, served in the role of the minor’s father for the 20 months prior to his assault on Mother.…