J.R.
J.R. v. D.P.
Opinion
Lead Opinion
Grimes, J.
*378 Opinion
SUMMARY
This is a paternity action in which the court found two men to be presumed fathers of the child, and concluded that the biological father’s presumption of paternity, under the particular circumstances, was controlling, as it was “the presumption which on the facts [was] founded on the weightier considerations of policy and logic . . . .” (Fam. Code, § 7612, subd. (b).) The mother and the other presumed father appeal this ruling. They also assert the biological father had no standing to bring the paternity action in the first place because he was not a presumed father when he filed the suit, and they further contend the trial court erred when it set aside a voluntary declaration of paternity by the other presumed father.
We affirm the judgment.
FACTS
On August 11, 2010, J.R. (plaintiff) filed a petition, in propria persona, to establish a parental relationship with a child bom four months earlier, on April 12, 2010. Plaintiff’s petition sought visitation and asked that the child’s surname be changed to plaintiff’s last name and that plaintiff be named as the father on the child’s birth certificate. Plaintiff and the mother of the child had an intimate…