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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY Regulations DEPRIVATION OF PARENTAL SUPPORT OR CARE 41-403 (Cont.)
41-403 DEFINITION OF A PARENT (Continued) 41-403
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(2) Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is or could be declared invalid, and
(i)If the attempted marriage could be declared invalid…#
(i) If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce; or;
(ii)If the attempted marriage is invalid without a court…#
(ii) If the attempted marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
(3) After the child's birth, he and the child's natural mother have married, or attempted to marry, each other by a marriage solemnized in apparent compliance with the law, although the attempted marriage is or could be declared invalid, and
(i) With his consent, he is named as the child's father on the child's birth certificate, or
(ii) He is obligated to support the child under a written voluntary promise or by a court order.
(4) He receives the child into his home and openly holds out the child as his natural child.
(b) Except as provided in Section 621 of the Evidence Code, a presumption under this section is a rebuttable presumption affecting the burden of proof and may be rebutted in an appropriate action only by clear and convincing evidence. If two or more presumptions arise under this section which conflict with each other, the presumption which on the facts is founded on the weightier considerations of policy and logic controls. The presumption is rebutted by a court decree establishing paternity of the child by another man.
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CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98
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