Legal Opinion

Elizabeth D. v. San Diego County Health & Human Services Agency

California Court of Appeal

Decided July 18, 2012No. D060730PublishedCited by 3 opinions

1Opinion of the Court

Opinion

O'ROURKE, J.

Elizabeth D. appeals a juvenile court order denying her petition to vacate the finding that her children’s stepmother was their presumed mother under Family Code1 section 7611, subdivision (d). We reverse.

INTRODUCTION

Elizabeth D. is the natural mother of D.S. and E.S. At each child’s birth, she and the children’s father, Derrick S., executed a voluntary declaration of paternity. Elizabeth cared for the children until 2004, when Derrick was granted sole legal and physical custody. She stopped visiting and contacting the children after May 2007. Derrick’s wife, Crystal S.,…

2Cases cited13 opinions

  1. Steven A. v. Rickie M.California Supreme Court · 1992
  2. Tuan Anh Nguyen v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001
  3. Elsner v. UvegesCalifornia Supreme Court · 2004
  4. Johnson v. CalvertCalifornia Supreme Court · 1993
  5. State Farm Mutual Automobile Insurance v. GaramendiCalifornia Supreme Court · 2004

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3Cited by3 opinions

  1. San Diego Cnty. Health & Human Servs. Agency v. M.F. (In re M.F.), California Court of Appeal, 5th District2019
  2. C.M. v. M.C.California Court of Appeal · 2017
  3. San Diego Cnty. Health & Human Servs. Agency v. M.M. (In re Charlotte C.), California Court of Appeal, 5th District2019

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