Legal Question in Family Law in California

child born of a marriage

I have recieved a letter from the dept of child support services stating that I have been named the father of a 4 yr old girl. This petition was filed from a married women I had an affair with. She is still married and living with her husband. She never let me have a relationship with the child for fear of her husband finding out. After the child turn 2 years of age I gave up trying to establish a relationship with the girl. Now after the child is 4 years old, all of a sudden am the father she never allowed me to be. It is very possible that I am the father but I feel that any biological ties with this child are now irrelavant. This child does not know who I am and recognizes only one man as her father. I no longer have any intentions of claiming this child as mine. This child was born to thier marriage and they are still living together. Can I fight this petition and will it help to hire a lawyer. Does calif family code section 7540 apply?


Asked on 4/15/07, 9:46 am

2 Answers from Attorneys

PATRICK MCCRARY PATRICK MCCRARY

Re: child born of a marriage

When you have sex with a married woman you create problems, and this is one of them. Also, you have no control, only her and her husband have control. He is the conclusively presumed father, until a DNA test establishes that he is not the father. Family Code 7541. Only the husband and wife have the option of demanding the blood tests. You have no control until they make the choice to have the blood tests. They have apparently made that choice and now if the DNA test establish you as the father the child is your responsibility. Now you can choose to be the "Daddy" and to pay support, or just to pay the support. That is the second choice you get. The first choice you have was about 4 or 5 years ago. Whether or not that is fair makes not difference. That is the law. Good Luck, Pat McCrary

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Answered on 4/16/07, 11:31 am
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: child born of a marriage

Obviously there has not been a dna test involving you, whether or not there has been a test involving husband. You can seek a dna test, probably via a paternity action, to conclusively determine parentage. If it turns out you are bio dad, you are on the hook despite the passage of time. In that case, you may want to obtain the opportunity to spend time with and get to know your daughter since you will be supporting her for the next 16 + years. Also, the amount of time you spend with your child relates to support payments. A good attorney can advise you of your legal options and related outcomes and ramifications, and guide you in making the best decisions and obtaining the best outcomes possible in your case.

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Answered on 4/16/07, 3:34 pm


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