Katherine W. v. Eric S.
The Orange County Department of Child Support Services (the Department) appeals from an order requiring Katherine W. and Eric S., and their daughter, Ashton S., to submit to genetic testing to establish paternity. The Department argues the trial court erroneously ordered genetic testing for the following reasons: (1) the order was in excess of its jurisdiction because there was a 1994 stipulation for judgment establishing paternity; and (2) Family Code section 7646 does not authorize genetic testing. Eric moved to dismiss the appeal arguing the Department has no standing to appeal, the Department appealed from a nonappealable order, and the appeal was untimely. As we explain below, Court deny Erics motion to dismiss the Departments appeal and reverse as premature the trial courts order requiring genetic testing.
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