In re Lisa R

In In re Lisa R. (1975) 13 Cal.3d 636, the mother and her husband, the presumed father, were dead. The question was whether the juvenile court had jurisdiction to determine that another man was Lisa's father and whether he had standing to assert his paternity. Lisa's mother had not been cohabiting with her husband and thus the rebuttable presumption of former Evidence Code section 661, now Civil Code section 7004, subdivision (a)(1), rather than the conclusive presumption of Evidence Code section 621, was involved. The presumption was conclusive in effect, however, against the putative father because former Evidence Code section 661, like present Civil Code section 7006, subdivision (a), did not include such a man among the persons entitled to rebut the presumption. ( Id., 13 Cal.3d at p. 647.) There were no competing private interests against the putative father's claims, since both the mother and the presumed father were dead. The mother had been separated from her husband and the putative father had actually lived with the mother before and after the birth and contributed to the child's support. ( Id., at p. 649.) He was deprived of her custody only when Lisa's mother returned to her husband. (Id.)