Legal Question in Family Law in California

baby with another man

i'm married and had an affair with another man. as a result, i got pregnant. this other man had no knowledge of my marriage, yet when i told him, he moved out of state. now he came back and wants sole custody of my daughter. does he have any rights? my husband knows and is being very open and understanding about the situation, and told me that this baby would be the same as if it was his daughter. from what i read in family law code 7611, my husband is the presumed father, and in family law code 7630 it says that the other man is considered an outside party, and can't legally bring action unless my husband or myself made him a party. and in family code section 7540, it specifically says that my husband (unless impotent or sterile) is CONCLUSIVELY presumed to be the father. which in my understanding means that it is irrebuttable, is this correct?


Asked on 2/25/09, 3:59 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: baby with another man

A child born during the marriage or within the statutory time after the date of separation is presumed the child of the husband. The child fits into that category. I believe your interpretation is correct. Only your husband can request a paternity test. Even if this man was able to get a paternity test it is unlikely that he could get a court order for custody. An order allowing him to remove the child from the state if even less likely.

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Answered on 3/06/09, 12:53 pm


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