10.05.330 Presumption of paternity.
(A) A man is presumed to be the natural father of a child if:
(1) He and the child’s natural mother are or have been married to each other and the child is born during the marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, divorce, or dissolution, or after a decree of separation is entered by a court;
(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 the child is born within three hundred (300) days after the termination of cohabitation;
(3) While the child is under the age of majority, he receives the child into his home and openly holds out the child as his child;
(4) He acknowledges his paternity of the child in writing filed with the Office of Vital Statistics of the state of California, or the Karuk Tribal Enrollment Office, who shall promptly inform the mother of the filing of the acknowledgement, and she does not dispute the acknowledgement within a reasonable time after being informed thereof, in a writing filed with the Office of Vital Statistics or the Karuk Enrollment Office. In order to enforce rights of residential time, custody and visitation, a man presumed to be the father as a result of filing a written acknowledgement must seek appropriate judicial orders under this Code; or
(5) 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 law, although the attempted marriage is or could be declared invalid; and:
(a) He has acknowledged his paternity of the child in writing filed with the Office of Vital Statistics or the Karuk Tribal Enrollment Office;
(b) With his consent, he is named as the child’s father on the child’s birth certificate; or
(c) He is obligated to support the child under a written voluntary promise or by Court order.
(B) A presumption under this article may be rebutted in an appropriate action only by clear, cogent, and convincing evidence. If two (2) or more presumptions arise that conflict with each other, the presumption that 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. [Res. 09-R-062 Title 2 § (6)(B), 4/30/2009.]