Legal Question in Family Law in California
Family law section 7540- how to get around it when child is 5 and has never seen
I met a man at the age of 17 through prison letters, I married him while he was in prison at the age of 18. I had an affair and got pregnant. I divorced my husband while he was in prison still. We never even lived together. I am trying to get support from the bio father, and the judge has ordered a paternity test, however, the father�s attorney is arguing using family code section 7540. Basically it says a child born into marriage is that of the husbands. My son is now 5 years old, I think FC 7541 has a limitation of 2 years. Is there anything I can do? Any family code or law that gets around 7540? My husband and I never ever even lived together so how can I ask him to support this child. I know in 7540 it says cohabit but I�m assuming the legal definition is different from the dictionary. I never lived with my husband. In our entire marriage we only spent 4 nights together. I need help I�m not represented and I go back to court in 4 weeks. Saving for a retainer.
1 Answer from Attorneys
Re: Family law section 7540- how to get around it when child is 5 and has never
Yes there is a way around 7540. Co-habiting means that he had access to you for sexual relations while the two of you were married, which that sounds not to be the case. You should get an attorney. This is not a real difficult case, but you need good representation or you may lose based upon a technicality, like 7540, if not handled properly. Call around to attorneys in your area, you may be able to get the bio dad to pay part of your attorney's fees. Good Luck, Pat McCrary
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