Mauricio C. v. Maribel A.
In early 2009, plaintiff and respondent Mauricio C. filed a petition to establish parental relationship, including a request for an order seeking genetic tests to establish paternity. Mauricio alleged an intimate relationship with defendant and appellant Maribel A., a married woman. Mauricio contended he was the biological and presumptive father of Sophia, born to Maribel in December 2007. Following an evidentiary hearing, the trial court granted Mauricio's request for an order compelling genetic testing of Sophia, Maribel and Mauricio. Maribel appeals the court's order for genetic testing, contending the conclusive presumption of Family Code section 7540[1] deprives Mauricio of standing to seek presumptive father status and to compel genetic testing and also mandates a finding that Maribel's legal husband is the father of Sophia Court conclude the trial court exceeded its discretion in ordering the genetic testing and reverse.
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