Legal Question in Family Law in California

Re: Bio-Dad resurfaces after 7 years

Tell the person who is now claiming to be the child's dad to "TAKE A HIKE"

I am assuming that you were married to your husband at the time you became pregnant and he wasn't sterile. If so, then your husband is the child's father and the so-called bio dad has no rights.

I advise that you don't even give this man the time of day. Don't agree to a paternity test - don't agree to anything.

If he files any court action be sure to retain an attorney to assist you and your child in keeping this guy out of your lives. There are several reasons under the family code that you should win any court action but you need to know what you are doing - so I reiterate, be sure to hire an attorney to help you - the legal fees will be money well spent.

Regards, Damian Nolan

Re: Bio-Dad resurfaces after 7 years

The answer depends upon the facts of your case. If you and ex-husband were married at the time the child was born and he then took the child into his home he may be conclusively presumed the father. The bio-dad would then be prevented from making a claim to the child. There are other circumstances under which the bio-dad would have either not rights or limited rights.

see family code section 7560.

Re: Bio-Dad resurfaces after 7 years

He probably has no rights to claim paternity of the child. Do not take a paternity test to establish paternity. That may give him rights to the child if he is established to be the bio-father. (Lets not use the word "dad" to describe this guy, he has been a "dad" and is a father only in biological terms) Simply tell him (sperm donor) he has no rights, he will have to bring an action in court, which he will probably lose. Good Luck, Pat McCrary