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CRAIG L. v. SANDY S.

No. D043928.

22 Cal.Rptr.3d 606 (2004)

125 Cal.App.4th 36

CRAIG L., Appellant, v. SANDY S. et al., Respondents.

Court of Appeals of California, Fourth District, Division One.

December 20, 2004.

Attorney(s) appearing for the Case

Leslie Ellen Shear, Encino, for Appellant.

Judith Klein, La Mesa, for Respondent Sandy S.

Timothy Smith for Respondent Brian A.

BENKE, Acting P.J.

If, during a marriage, a child is fathered by a man who is not married to the mother of the child, the presumptions provided by Family Code1 sections 7540 and 7611 subdivision (a), permit the mother and her husband to prevent the biological father from ever establishing any parental rights over the child. However, where, as here, the mother and her husband have allegedly permitted the biological father to receive the...

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