County of Los Angeles v. Christopher W.: Paternity; Child Support

County of Los Angeles v. Christopher W. (Paternity; Child Support )

California Court of Appeal, Second District

Published Opinion, (2019) 41 Cal.App.5th 827

File Date:
Filed 1/1/2019

The county sued a child’s biological father for child support. The family court incorrectly found that the mother’s boyfriend was the child’s legal parent, not the biological father. The appellate court reversed, holding that the presumption in Family Code section 7555—that a parent should support a child—applied because genetic testing showed the biological father was the child’s father. The biological father could not use the presumption in Family Code section 7611, subdivision (d)—that a person is the natural parent of a child if he or she “receives the child into his or her home and openly holds out the child as his or her natural child”—to shift the child support obligation to the boyfriend. “

As between [the biological dad and the boyfriend], the issue is resolved by applying the fundamental principle that the burden of child support should be borne by those who are directly responsible for the child’s existence, and the general rule that “the obligations of parenthood should not be forced upon an unwilling candidate who is not biologically related to the child” or otherwise responsible for the child’s existence.”

County of Los Angeles v. Christopher W. 11-1-10

The case listed here was not handled by Walzer Melcher unless the description states that Walzer Melcher appeared as counsel.