Talk:Rhonda Ross Kendrick
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External links modified[edit]
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California Family Law[edit]
Silberstein actually had no choice but to raise Rhonda as his own daughter because they lived in California and he was married to her mother at the time she was born -- making her legally his daughter, not his step-daughter.
California family law decrees that all children born to a married woman are presumptively fathered by her husband even when there is undeniable evidence to the contrary. The matter has been litigated and the Supreme Court of California has invariably found that, while it may be appropriate to arrange visitation for a biological father in some cases, the public policy interest of supporting the marriage bond at the core of the family unit is sufficient to make the presumption irrebutable that children born to a married woman were fathered by her husband, even if they could not have been.
So, while Silberstein may functionally be Rhonda's step-father, that is legally wrong -- at least in California, where he is legally her biological father notwithstanding Barry Gordy is factually her biological father.
The relevant provisions in the Family Code are Sections 7540 and 7541. The latter was changed in 1998 to allow blood tests to prove the husband is not the father of the child; but at the time Rhonda Ross Kendrick was born, the presumption that Silberstein was her father was irrebuttable. Indeed, the presumption could only be rebutted today if blood tests were performed AND presented in court, with an order issued establishing Gordy as the legal father of the child instead of Silberstein.
2601:645:C300:3189:14E0:F2A:32BF:70E7 (talk) 22:50, 11 December 2017 (UTC)