In re Nicholas H.
Supreme Court of California
46 P.3d 932 (Cal. 2002)
Thomas lived with Nicholas's mother, Kimberly, when Nicholas was born and raised Nicholas as his own for six years, providing substantial financial and emotional support, while Kimberly struggled with drug use, instability, and violence. Thomas was presumed Nicholas's natural father under California law for raising him as his own, but he admitted he was not Nicholas's biological father; Kimberly named a man named Jason as the biological father, but Jason could not be located and no judgment had ever established his paternity. When Thomas was arrested and Nicholas was placed with social services, Thomas sued to regain custody. The juvenile court sided with Thomas, but the court of appeal reversed, reasoning Thomas's own admission that he wasn't the biological father rebutted the presumption of fatherhood; Thomas appealed.
Whether a man may retain his status as a presumed father after admitting that he is not the child's natural father, where no other man has been judicially established as the biological father.