Legal Question in Family Law in California

baby outside of marriage
i have been married since october 2007. i had an affair in december 2007. a baby was concieved as a result of the affair. the biological father moved upstate to san jose, ca. (i live in southern california). he knew that i was pregnant, but he wanted nothing to do with me or the child. he then moved out of the state to georgia. and now he's back in san jose, california. the biological father is now trying to sue me for custody of my daughter. baby was born sept. 16 2008, i was served papers sept. 29, 2008. i searched the internet to find any info that would help me, and i found that in family code 7611, he may not have any rights because i was already married to my husband when the baby was conceived. and he is considered to be the ''presumed father''. is this true, or is there some kind of loophole that would allow for him to obtain custody of my baby? could or would the judge make me give him visitation?

Asked on 2/02/09, 5:18 pm

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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Re: baby outside of marriage

It is a rebuttable presumption. Get represented to assure the best chance of a favorable outcome. Contact me directly.

Answered on 2/02/09, 5:41 pm

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