Los Angeles County Department of Children & Family Services v. Richard B.

Good Law
138 Cal. Rptr. 3d 267·2012 Cal. App. LEXIS 233·203 Cal. App. 4th 1361·2012 WL 621470
Court of Appeal of CaliforniaFebruary 28, 2012No. B227849California8,605 words

Opinion

Lead Opinion

Croskey, J.

INTRODUCTION

The appellant, Richard B. (Richard), 1 challenges the trial court’s order of August 24, 2010, which (1) denied his request to be recognized as the presumed father 2 of Cheyenne B. (Cheyenne) and (2) found that Dennis M. (Dennis) was her presumed father. 3 The findings of that order formed the basis for the September 29, 2010 judgment declaring Cheyenne and D.H. 4 (D.H.) to be dependents of the court and permanently placing them with Dennis. Richard asserts that his August 20, 2009 judgment regarding parental obligations is a judgment establishing his paternity with respect to Cheyenne *1365 and, therefore, the Family Code 5 section 7611, subdivision (d) 6 presumption that Dennis is Cheyenne’s presumed father is rebutted pursuant to section 7612, subdivision (c). 7 He also asserts that the trial court was required to give *1366 effect to the previous judicial determination regarding his paternity because, under section 7636, 8 such an adjudication establishes that he is her father “for all purposes,” including a finding that he is Cheyenne’s presumed father, and the trial court was without authority to make a paternity determination with respect to Dennis as…

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