County of Orange v. Younge
The County of Orange appeals from an order denying its motion for a determination that Troy Michael Younge is the legal father of 15 year old T., and obligating him to continue paying child support for her. The County argues the trial court erred because Younge qualified as T.s legal father under both the doctrine of paternity by estoppel, and the presumption created by Family Code section 7611, subdivision (d). Court are unpersuaded. None of the cases Court have found applies the doctrine of paternity by estoppel to an alleged father whose conduct was based upon the honest, but incorrect, belief that he actually was the childsnatural father. As for Family Code section 7611, subdivision (d), it applies only to one who both receives the child into his home and openly holds out the child as his natural child. In this case, it is undisputed that Younge never received T. into his home. Consequently, the order is affirmed.
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