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California Family Code Section 7612

Legal Research Home > California Lawyer > Family Code > California Family Code Section 7612

(a) Except as provided in Chapter 1 (commencing with Section
7540) and Chapter 3 (commencing with Section 7570) of Part 2 or in
Section 20102, a presumption under Section 7611 is a rebuttable
presumption affecting the burden of proof and may be rebutted in an
appropriate action only by clear and convincing evidence.
   (b) If two or more presumptions arise under Section 7610 or 7611
that conflict with each other, or if a presumption under Section 7611
conflicts with a claim pursuant to Section 7610, the presumption
which on the facts is founded on the weightier considerations of
policy and logic controls.
   (c) The presumption under Section 7611 is rebutted by a judgment
establishing paternity of the child by another man.

Last modified: January 12, 2009