J.B. v. Superior Court CA3

Filed 6/28/13 J.B. v. Superior Court CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado)

J.B., C071961

Petitioner, (Super. Ct. Nos. SDP20120018, v. SDP20120019, & SDP20120020) THE SUPERIOR COURT OF EL DORADO COUNTY,

Respondent;

M.W. et al.,

Real Parties in Interest.

The respondent court entered an order declaring Valarie B. the presumed parent of minors M.W., Ja.W., and D.W. Because petitioner J.B. had a preexisting judgment establishing the paternity of the minors, which rebuts the presumption, we shall issue a writ of mandate compelling the respondent court to vacate its order. (Fam. Code, § 7612, subd. (c).)1

1 Further undesignated statutory references are to the Family Code.

1

FACTS Petitioner is the biological father of minors M.W., Ja.W., and D.W. He is also the biological father of minor Jo.W., who is not a subject of the instant petition. The minors‟ mother, F.W., had been in an intermittent relationship with Valarie B. for almost 20 years and Valarie B. participated in raising the minors. That relationship finally ended around 2007 or 2008. The minors knew petitioner as their father, but he was not as involved in raising them. On October 4, 2001, petitioner appeared at the San Mateo County Department of Child Support Services and requested the department open a child support case and that the minors be genetically tested. An order for genetic testing was issued by the San Joaquin County Superior Court. The minors‟ biological mother, F.W., did not comply with the order. Eventually, on March 28, 2002, when the minors were visiting petitioner for the weekend, petitioner brought the minors M.W., Ja.W., and D.W. into child support services to have the genetic tests performed. On July 23, 2002, an individual from child support services went to F.W.‟s home and had Jo.W. swabbed for genetic testing. The genetic tests showed that petitioner is the biological father of all four minors. On October 22, 2002, a “Judgment Regarding Parental Obligations” was entered by the San Joaquin County Superior Court, declaring the biological mother, F.W., and petitioner “the mother and father” of each of said minors. The judgment ordered $0 for monthly child support obligations, to commence November 1, 2001. On May 27, 2008, after an uncontested hearing, an order was entered by the San Joaquin County Superior Court, again declaring petitioner “is the parent of and must pay current child support for” each of said minors and modifying the child support obligations of petitioner to $1,199 a month. On November 8, 2011, an order was entered by the San Joaquin County Superior Court, again declaring petitioner “is the parent of and must pay current child support for” each of said minors and modifying the child support obligations of petitioner to $553 a month.