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Name: In re Baby Boy V.
Case #: B187823
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 06/26/2006
Summary

Baby V. became a dependent of the court at birth due to his mother’s drug addiction. The father was “identity unknown.” Eight months later, the alleged father became aware of the minor’s existence and went to see the social worker. He asked for a paternity test and stated his desire to support and care for the child. The dependency court denied the request for a paternity test and terminated parental rights to the “identity unknown” father as well as the man who appeared in court. The appellate court reversed. Father had standing to appeal, and did not waive his right to request presumed father status even though he did not specifically request it. The paternity test was mandatory, not discretionary, under rule 1413 (h) because appellant appeared in court and requested it. Since there was nothing in the record to show that father was unfit, he was entitled to a determination of presumed father status, and reunification services if he qualified as a presumed parent.