Legal Question in Family Law in California
I was 7 months pregnant when I got married to a man who wasn't the biological father of he baby (he knew that he wasn't and wanted to be his father). Now my son is a little over two years old and the biological father wants to go to court and get visition/joint custody. I know my husband isn't going to want the biological father to see him, he had me pretty much cut off contact with him when we got married. Can the biological father take us to court and prove he is the father and get some sort of rights to my son? What kind of legal process would this take? I asked this in California because this was his place of birth and he lived there with us up until a month ago wenwe moved to Wyoming. Thanks for your time
1 Answer from Attorneys
Your husband is the presumptive father of the child. Whether bio Dad could now ask to be considered the legal father is questionable and depends upon many facts. Bottom line, for right now, do not do anything with the bio dad without advise and consent of a lawyer. That means do not even talk to him about the baby. Any action could give rise to him having a right to be considered the legal father, which your husband is currently. Good Luck, Pat McCrary
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