Susan H. v. Jack S

In Susan H. v. Jack S. (1994) 30 Cal. App. 4th 1435, in the midst of proceedings to dissolve her marriage, the mother sought to establish the paternity of another man. The husband had raised the child as his own; the other man disclaimed paternity, relying upon the presumption based on the mother's marriage to her husband. Although blood tests proved the husband was not the father, the court held he remained the presumed father by virtue of his relationship with the child.