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Name: In re Nicholas H.
Case #: A092188
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 07/31/2001
Subsequent History: Review granted 11/14/01 (S100490)
Summary

Editor’s Note: review granted on this case. Appellant was not the biological father of the dependent minor, but lived with the minor and argued that he should be considered the presumed father. The trial court granted appellant presumed father status. The appellate court here reversed. Although appellant qualified as a presumed father under Family Code section 7611(d), the presumption was rebutted by appellant’s own admission under oath that he was not the biological father of the child. The presumption set forth in section 7611 is a presumption that the biological father of the child is in question. It can therefore be overcome by proof that the presumed father is not the biological father.