IN RE NICHOLAS H.

No. S100490.

120 Cal.Rptr.2d 146 (2002)

28 Cal.4th 56

46 P.3d 932

In re NICHOLAS H., a Person Coming Under the Juvenile Court Law. Alameda County Social Services Agency, Plaintiff and Respondent, v. Kimberly H., Defendant and Appellant; Thomas G., Defendant and Respondent.

Supreme Court of California.

As Modified on Denial of Rehearing July 17, 2002.


Attorney(s) appearing for the Case

Janet H. Saalfield, Sausalito, under appointment by the Supreme Court, and Sheri M. Cohen for Defendant and Appellant.

Richard E. Winnie, County Counsel, Tamara M. Wiggins and Anthony E. Scarr, Deputy County Counsel, for Plaintiff and Respondent.

Frank H. Free, under appointment by the Supreme Court, for Defendant and Respondent.

Francia M. Welker, under appointment by the Supreme Court, for Minor.

Janet G. Sherwood and Donna Furth, San Francisco, for Northern California Association of Counsel for Children as Amicus Curiae on behalf of Minor.

Shannan Wilber, San Francisco, and Joan Heifetz Hollinger for Legal Services for Children and Joan Heifetz Hollinger, individually and as Director of the Child Advocacy Clinic of the University of California, Berkeley School of Law as Amici Curiae on behalf of Minor.


BROWN, J.

A man who receives a child into his home and openly holds the child out as his natural child is presumed to be the natural father of the child. (Fam.Code, § 7611, subd. (d); hereafter section 7611(d).)1 The presumption that he is the natural father "is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence." (§ 7612, subd. (a); hereafter...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases