Legal Question in Family Law in California
Biological father
Before I met my husband he had an affair with a married women. She became pregant with his child.
The marriage with the other man lasted intill the child was almost two. This child and her now x-husband have a father son relationship. The mother has moved out of the state and givin guardianship to her x-husband. There has never been any kind of a relationship between my husband and this child, After the mother moved the x-husband got in contact with my husband to sign guardianship papers. We stopped the child support checks but he is now requesting them to be sent to him. The money we send now is alot less then what we could possible have to send. My guestion is are we obligated to send him support for the child. Sence they were married during the birth of the child and contuied to stay married afterwards. Can my husband relingiush his rights to this man. Thank you for any help to might give.
3 Answers from Attorneys
Re: Biological father
If you are located in Southern California, you may call me for a free consultation at 818-342-8020 x1,
Thank You,
Norman Gregory Fernandez, Esq.
Re: Biological father
why did your husband pay child support to the mother of the child? The payment of child support is an admission that he is the child's father. The current state of the law appears to be that the man who is determined to be the father in a court order is liable for the support of the child even in the face of DNA evidence that he is not the father. In this case there is a presumption that the mother's husband in the father. He took the child into his home and raised, and the child was born during the marriage. As I recall there is a two year statute of limitations on the husband contesting the parentage of a child. This would appear to place the ex-husband in the same position as the man who is determined by court order to be the father of the child.
The best approach would be for your husband to discuss this case with an attorney.
Re: Biological father
I SUGGEST THAT YOU DO NOT MAKE ANY PAYMENTS. ALS0, YOU SHOULD REFRAIN FROM ENTERING INTO ANY AGREEMENT OR SIGNING ANY DOCUMENT WITHOUT CONSULTING AN ATTORNEY. IF THE CHILD WAS BORN DURING THE MARRIAGE THE CHILD IS PRESUMED TO BE CHILD OF THE MARRIAGE AND HUSBAND TO BE FATHER OF THE MINOR CHILD. IF YOU NEED AN OFFICE CONSULTATION YOU MAY CONTACT MY OFFICE AT 310-839-7700.
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