Bren v. Gold
This appeal involves a paternity and child support judgment rendered under the Uniform Parentage Act (UPA). (Fam. Code, 7600 et seq.)This case is one of three lawsuits between the parties that raise a single issue: child support. Unfortunately, the trial court allowed the biological fathers paternity action to go forward against the natural mother alone, without requiring the joinder of the children, as is mandated by statute. ( 7635.) While this resulted in a valid judgment between the mother and father, the judgment is not binding on the children, who are entitled to maintain a separate action for support against their biological father.
Apart from challenging the trial courts jurisdiction to render a judgment in the absence of the children, the mother also questions the constitutionality of a UPA provision allowing for confidentiality to be maintained during a paternity action. Court find that the statute passes constitutional muster. By the same token, a gag order issued two days after the trial amounts to a prior restraint on speech and must be reversed.
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