Legal Question in Family Law in California

Yes you do. The child was born during your marriage making you under California law the presumed father.

Yes, you need to be concerned about this. Although you don't say it, the child is most likely the subject of your divorce. You could end up being ordered to pay child support.

California law contains what is historically known as the Roman Law presumption regarding paternity of a child born during a marriage. �Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.� (Fam. Code, � 7540)(Emphasis added.)

The presumption of Family Code section 7540 does not apply if the parties were married, but not cohabiting. (Brian C. v. Ginger K. (4th Dist. 2000) 77 Cal.App.4th 1198, 1204-1205.) �Cohabiting� means living together in a marital household and sharing day-to-day to life. (Steven W. v. Matthew S. (1st Dist. 1995) 33 Cal.App.4th 1108, 1115.)

You don't state any facts that make it clear whether or not you were cohabiting during marriage, or were separated at the time of conception of the child. You also don't provide any information as to whether you are impotent or sterile.

Family Code section 7541, which is referenced in Family Code section 7540, specifies genetic testing. There is a two year statute of limitations, running from the child's birth, to file a motion to request blood testing. "The notice of motion for blood tests under this section may be filed not later than two years from the child's date of birth by the

husband..." (Fam. Code, sect. 7541, subd. (b).)

You need to speak to an attorney about this as soon as possible. This is a very tricky area of the law that has many recent developments, and the cases discussing it are not always consistent.