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Name: In re Joshua R.
Case #: G030609
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 12/23/2002
Subsequent History: None

The minor’s alleged father waited three and a half years until the filing of a third dependency petition concerning his alleged child, before he requested paternity testing. He had previously declined to participate in dependency proceedings, and had no relationship with the now five year old child. He had never provided support, nor sought visitation. The juvenile court denied his request for paternity testing, finding that it was irrelevant whether or not he was the biological father, as he would not qualify as a presumed father. The appellate court here affirmed. The statute governing mandatory paternity testing governs cases in which paternity is a relevant fact. Here, it was not relevant because appellant could not be a presumed father. Nor did the juvenile court abuse its discretion to order the testing. Biological fatherhood, unaccompanied by a parental relationship, is worth little in the dependency context.