V.S.

V.S. v. M.L.

Good Law
166 Cal. Rptr. 3d 376·2013 Cal. App. LEXIS 1048·222 Cal. App. 4th 730·2013 WL 6835093
Court of Appeal of CaliforniaDecember 27, 2013No. A138827California4,241 words

Opinion

Lead Opinion

Pollak, J.

V.S. (Victor) 1 appeals the dismissal of his petition seeking to establish that he is the father of one-year-old Donald. Based on undisputed *733 facts, it appears that while Victor and M.L. (Mary) were romantically involved, Victor impregnated Mary. About one month before Donald was bom their relationship terminated and Mary married Roger. Mary and Roger brought Donald into their home as their son and have prevented Victor from having contact with the child. In response to Victor’s petition to establish a parent-child relationship, Mary moved to dismiss the proceedings on the ground that Victor has no standing to bring the action, and the court granted the motion. We conclude that under the Family Code as it now reads, Victor does have standing to bring the petition and that further proceedings are necessary to determine whether Victor or Roger should be adjudicated to be the child’s legal father.

Background

Without elaborating on the parties’ understandable angst reflected in the record, the facts necessary to resolve the issues on appeal were succinctly summarized in the trial court’s tentative decision: “The facts are not in dispute. Although she stops short of…

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