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Name: In re Angela A.
Case #: B175633
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 05/26/2005

Appellant was the stepfather of the 15-year-old minor, who had lived with her since the age of three, and was married to her mother. The minor called him “dad” and used his last name. She thought appellant was her father. After an incident of physical abuse by appellant, the minor was detained and dependency proceedings initiated. Appellant was denied presumed father status, because the minor’s biological father was married to and living with the mother when the minor was born. The court granted appellant de facto parent status, and he was therefore granted reunification services along with mother. He filed a notice of appeal from the denial of his motion for presumed father status. In this opinion, the appellate court reversed the order. The conclusive presumption of the biological father’s paternity under Family Code section 7540 does not preclude consideration of appellant’s motion for presumed father status under section 7611, subdivision (d) under the circumstances presented here. Remand was required to allow appellant to rebut the presumption and for the court to weigh the conflicting interests, giving the greatest weight to the minor’s well being.