Legal Question in Family Law in California
if my child becomes the child of marriage, does the biological father have any l
My child is turning two next month. I gave birth to this child as a married woman. The biological father is married. My husband's name was listed in my child's birth certificate. I am under the impression that if we dont file a paternity petition before my child turns two, my child will be a child of my marriage.
is it true that if we go beyond my child's birthday, the biological father cannot establish paternity, ever? I want to cut him out of our life permenantly, and raise my child as a single mom (I am seperated now). I dont want the biological father to come and claim the child, ever. anything I should do? Is it true that after the second birthday, the biological father has no legal standing to claim paternity? help please. thanks a lot.
1 Answer from Attorneys
Re: if my child becomes the child of marriage, does the biological father have a
The answer to your question is not simple. Was the child was born while you were living with your husband? If so, your husband is the presumed father of the child and the biological father will not have standing to claim paternity, unless he can prove by DNA testing that he is the father, but DNA testing cannot occur unless you agree, if your husband is the presumed father. If your husband does not take on the responsibility of the presumed father, then the bio dad can bring an action to determine paternity. This is a general statement of the law and there may be exceptions in your case that will apply. If you are going to file a dissolution on your current marriage, talk to your attorney about the entire facts to obtain a better answer for your case. Good Luck, Pat McCrary
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