Legal Question in Family Law in California
A couple of years ago I was dating a woman that was separated at the time. About 2 months later she found out she was pregnant and eventually had her son. We remained in contact to this day but she is really short when talking about him. Mutual friends that have seen him say he looks just like me. Since then she got back with her husband who assumed the child is his. She told me she was back with her husband sexually a couple of weeks after we were together & thought the child was his. Since his 1st birthday which was a couple of months ago I did some calculations and took a look at the pictures and really do think he is my son. He is 1yr 2months old. I am concerned with any statue of limitations or laws that will not allow me to be part of his life if I am his father. Where do I start?
2 Answers from Attorneys
The child will be presumed to be the child of the marriage unless you obtain paternity tests proving otherwise. You may have only up until the child is 2 years old to seek such tests. Once it is shown you are the bio father, you will have an obligation to pay support to the mother.
A little further elaboration on Mr. Mccoy's correct response: The Family Code provides for any interested person to petition the court to determine parentage. Unless and until someone files that proceeding, the child of married parents who are fertile and "functional" is presumed by law to be the husband's child. It is possible to file and proceed with the action on your own behalf, and there are judicial council forms available at http://www.courtinfo.ca.gov. Most people at least get the assitance of a lawyer, however, even if the lawyer does not directly represent the petitioner. This is called a limited scope representation and can be very helpful in this kind of situation if you don't have the financial ability to pay an attorney.
And do bear in mind Mr. Mccoy's caveat: if you prove you are the father, you've got 18 years of child support ahead, and only her income, not her husband's will be taken into account in calculating what you owe.
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