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Keywords

trialburden of proof

trial

Related Cases

In re Spencer W., 48 Cal.App.4th 1647, 56 Cal.Rptr.2d 524, 96 Cal. Daily Op. Serv. 6533

Facts

Leonard B. lived with Spencer W. and his mother from December 1989 until January 1992, but he was not married to the mother and did not have his name on Spencer's birth certificate. Although he claimed to be Spencer's father, he admitted he was not living with the mother at the time of conception and had not taken formal steps to establish paternity. Leonard's actions during this time were inconsistent, as he did not assert his parental rights when the children were living with their maternal grandparents and failed to provide financial support or seek custody.

Spencer was born December 7, 1989. At that time, Leonard and Spencer's mother (mother) shared an apartment but were not married. Leonard was present at Spencer's birth. Although Leonard claimed to be Spencer's biological father, he admitted he was not living with mother at the time Spencer was conceived.

Issue

Did Leonard B. qualify as a presumed father under California Family Code section 7611, thereby entitling him to parental rights and services?

Rule

A man is presumed to be the father of a child if he 'receives the child into his home and openly holds out the child as his natural child' (Fam.Code, § 7611, subd. (d)). The burden of proof rests on the proponent of the presumption to establish the foundational facts by a preponderance of evidence.

California law provides that a man is presumed to be the father of a child if he 'receives the child into his home and openly holds out the child as his natural child.' (Fam.Code, § 7611, subd. (d)).

Analysis

The court analyzed whether Leonard had met the requirements for presumed father status. It concluded that Leonard did not receive Spencer into his home in a manner that demonstrated a commitment to parenthood, as he lived in the mother's home and relied on her for support. Additionally, his acknowledgment of paternity was not consistent or public, as he denied being Spencer's father to a social worker to avoid affecting the mother's welfare benefits.

The trial court rejected Leonard's claim to presumed father status. It reasoned that the totality of the circumstances failed to show Leonard demonstrated a consistent commitment to assume the burdens of parenthood.

Conclusion

The court affirmed the trial court's decision, concluding that Leonard did not establish the necessary elements for presumed father status, and therefore, the Department of Social Services was not required to rebut any presumption.

The judgment is affirmed.

Who won?

The Department of Social Services prevailed because the court found that Leonard did not meet the criteria for presumed father status, which would have entitled him to parental rights.

The Department of Social Services prevailed because the court found that Leonard did not meet the criteria for presumed father status.

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