Legal Question in Family Law in California

If im not the biological parent of my daughter but since birth I am the legal father she has my last name on her birth certificate do I have any rights if my wife and I get divorced to still see my daughter? And what right does the biological father has since my wife says she now wants to ne with him.


Asked on 4/22/11, 12:40 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You may be her legal father, depending on how long you have raised her as your daughter. A child born of the marriage, when spouses are cohabiting is presumed to be the father, unless the father is impotent or sterile. This can be rebutted by genetic testing, but only if done within two (2) years of the child's birth.

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Answered on 4/23/11, 2:39 pm


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