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Name: In re J.O.
Case #: B211535
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 09/09/2009

A father’s failure to support the minors for a period of years did not rebut the presumption of fatherhood. The alleged father, Martin, appealed the court’s order denying his status as presumed father to the minors based on his failure to provide support for many years. The appellate court reversed the order, finding that appellant established the foundational facts of presumed father status – that is, that he received the children into his home and openly held them out as his natural children. The presumption was not rebutted by appellant’s failure to keep in contact with and support his family. In addition, affirming the juvenile court’s ruling would effectively leave the children fatherless. However, appellant’s failure to provide financial support for over a decade, combined with his demonstrated lack of interest in the children’s welfare supported the court’s jurisdictional finding under section 300, subdivision (g).