GABRIEL P v. SUEDI D.,
Where plaintiff acted as promptly as was reasonably possible to establish that he was the father of his girlfriend's child. The mother's conduct had unilaterally precluded plaintiff from meeting the statutory requirements for the status of presumed father and the mother did not marry her husband until after said child was conceived. The presumed father status of mother's husband did not bar plaintiff's action to establish himself as child's father. Where plaintiff was wrongly denied opportunity to meet requirements for presumed father status, the trial court did not err in ordering genetic testing on its own motion or in admitting results to resolve whether voluntary declaration of paternity by mother's husband should be set aside. Trial court abused discretion in ruling that plaintiff had established paternity on basis of test results without weighing competing factors favoring a finding that mother's husband was the father. Even though husband was not a party to the proceedings, mother had standing to claim that her husband was child's presumed father under statutory presumptions, and husband's voluntary declaration should not have been set aside without joining him.
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