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c* If the child cannot be returned to a custodial parent or guardian it is possible that all parental rights will be terminated and the child will be adopted* d. This denial applies only to the juvenile court proceedings and does not prevent the local child support agency from seeking to have another court determine that I am the child s parent for purposes of support of the child. If that occurs I will have the right to a court trial to confront and cross-examine witnesses and present evidence ...

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What is the conclusive presumption of paternity in California?

Section 7540 provides: Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage. [d. 2. A conclusive presumption bars all factual evidence to disprove the exis- tence of the presumed fact.

What is the difference between alleged and presumed father?

An alleged parent means a person who is alleged to be the genetic parent but whose parentage has not been determined. Presumed parent means a person who is recognized as the parent of a child until that status is confirmed or disconfirmed by a court.

Who is presumed father in California?

In its Big Brother way, California has historically always favored conclusive presumptions of paternity, that is, when a mother is married and living with her husband (who is neither impotent or sterile) at time of conception, her husband is conclusively presumed to be the childs father.

What is Dependency court California?

The juvenile dependency court is responsible for ensuring the safety and well-being of children that have been, or are at a docHub risk of becoming, abused or neglected. The courts role is to ensure that the rights of children and their family are protected and exercised in ance with the law.

What is the JV 505 for?

Any alleged parent seeking custody must complete and submit the JV-505 Statement Regarding Parentage form. To determine parentage, the court may order the child and any alleged parents to submit to genetic tests and proceed under Family Code 7550 seq.

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jv-500 jv-140 icwa-020

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What is a petition to determine parental relationship in California?

Petition to Determine Parental Relationship (Uniform Parentage) (FL-200) Start a case to get a court order (judgment) that identifies the legal parents of a child. This is used by parents who are not married. Get form FL-200. espaolGet form FL-200 in Spanish (Spanish)

What establishes paternity in California?

A signed and filed Declaration of Paternity form gives a father legal rights and responsibilities toward the child: He can be held responsible for child support. He may seek a court order for visitation or custody of his child.

What two things would cause someone to be presumed to be the father of a child?

If a person is a presumed parent, one or more of the following are usually true: They were once married to the childs mother. Their name is on the childs birth certificate.

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