Candie R. v. Robert D.

Opinion

THE COURT.* Defendant, Robert D., is the father of Brandie W., a minor. Brandie was conceived out of wedlock while her mother, plaintiff Candie R., was a minor. At the time of conception, Robert was an adult. Robert and Candie have never been married or lived together.

Approximately two and one-half years after Brandie was born, Candie applied for public assistance. She named Robert as Brandie’s father. A complaint against Robert was filed in the Superior Court of Fresno County. In [112]the complaint, the district attorney alleged that Robert was the father. Among other things, the complaint prayed for a formal declaration that Robert was Brandie’s natural father and that he pay child support.

In Robert’s answer, he denied his fatherhood. It was later stipulated that both parties would submit to blood tests to determine if Robert was “medically excluded from the possibility of paternity” of Brandie. The court ordered the tests performed. The parties then stipulated that Robert was Brandie’s natural father.

Thereafter, the court found Robert to be Brandie’s natural father and ordered Robert to pay support payments. It was further ordered that Brandie be issued a new birth certificate changing her last name to Robert’s last name and listing Robert as her natural father.

About six months later, allegedly after Candie refused to let Robert continue visits with Brandie, Robert filed a motion for joint custody and reasonable visitation rights. Candie opposed Robert’s requests. She consented only to full custody on her part and visitation on the condition it could be established that Brandie would not be adversely affected by Robert’s visits. Supporting and opposing papers were filed by each side.

After a hearing in which both Robert and Candie testified and arguments were made by counsel for each side, the court, in a carefully written ruling, denied Robert’s request for custody but granted visitation.

A timely appeal followed.

Discussion

Candie argues on appeal that the court erred in granting Robert’s motion for visitation. She posits several theories in support of her position. First, she argues that because Robert is technically an admitted statutory rapist attempting to benefit from his wrongdoing, the court should have applied the unclean hands doctrine for either of two purposes: (1) dismissal for lack of jurisdiction; or (2) for a plaintiff’s judgment. Second, Candie contends that Robert is not a parent within the meaning of Civil Code section 4600 and section 4601. Third, she claims that the court was biased against her. Finally, she argues that Robert’s motion should have been dismissed due to his failure to submit in a timely manner his points and authorities to the court.