Legal Question in Family Law in California

Do I have to claim my daughter on the divorce papers if he isn't the father?

I want to file for divorce, but I just gave birth to my daughter. I got pregnant before I got married, and I don't have a fathers name on her birth certificate. I had her during my marriage, but was pregnant before.

If I file for divorce, can I not have her on the court papers. Since he isn't the father?

I need advice!


Asked on 4/03/08, 11:55 am

1 Answer from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: Do I have to claim my daughter on the divorce papers if he isn't the father?

The legal presumption is that she's your husband's child, if you want to rebut that presumption, then address it now during the divorce.

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Answered on 4/03/08, 12:31 pm


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