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IN RE ERIC E.

No. B173908.

39 Cal.Rptr.3d 894 (2006)

137 Cal.App.4th 252

In re ERIC E., a Person Coming Under the Juvenile Court Law. Gene E., Plaintiff and Appellant, v. Los Angeles County Department of Children and Family Services, Defendant and Respondent; Robert B., Respondent.

Court of Appeals of California, Second District, Division Eight.

March 2, 2006.

Attorney(s) appearing for the Case

Andrea R. St. Julian, San Diego, under appointment by the Court of Appeal, for Plaintiff and Appellant.

Raymond Fortner, County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Senior Deputy County Counsel, for Defendant and Respondent.

Anna L. Ollinger, under appointment by the Court of Appeal, for Respondent Robert B.

COOPER, P.J.

In this dependency proceeding, both the husband of Eric's mother and Eric's biological father sought presumed father status. A presumed father has greater rights than an alleged or biological father. We affirm an order awarding the husband presumed father status because the biological father did not seek that status until after a Welfare and Institutions Code section 366.261 hearing had been set and, at that

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