Legal Question in Family Law in California
Child Custody and Restraining Orders
If I am married, and concieved a baby by someone other than my husband, but my husband takes FULL responsibility for the baby, he gave the baby his name, and he put himself on the birth cirtificate, can the BIOLOGICAL father of the baby seek custody of the baby if I have a restraining order agaist the BIO dad?
Ps... Child was concieved while I was married to the Non-Bio dad.
1 Answer from Attorneys
Re: Child Custody and Restraining Orders
He can seek custody, but probably cannot bring the action because there is a conclusively presumed father, unless the bio-Dad has seen and held the baby out to be his child. This is complicated but essentially do not let the bio-Dad establish a relationship and retain an attorney if he brings a legal action. Good Luck, Pat McCrary
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
