Legal Question in Family Law in California

father on birth certif. not real father can I get support from real father?

I was married and my husband was in prison. I had an affair and got pregnant. I put my husbands name on Certificate, divorced before he got out. The real father has known for 5 years we talk and I send pictures to him. Can I get support from him? Or, because I put my ex husband on the cert. does that mean he is the legal father? Note: Ex husband has never claimed the child as his.

Thank you in advance for any advice that is given. I truely appreciate it!


Asked on 8/15/02, 4:23 pm

2 Answers from Attorneys
Elizabeth "BX" Long Law Office of Elizabeth D. Long

Re: father on birth certif. not real father can I get support from real father?

By law, there is a strong presumption that the man you were married to when your child was conceived is the child's father, EVEN IF that man is not biologically the father. Part of what this means that it is very difficult (which unfortunately also means expensive) to later claim that someone else is the father. However, it is not necessarily impossible. If you want to find out what your chances are, you will need to talk to an attorney and give him or her more detail about your situation.

Read more
Answered on 8/15/02, 4:42 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: father on birth certif. not real father can I get support from real father?

I think the other atty was incorrect.

If you were not living with your husband at the time of conception, the marital presumption of paternity does not apply.

If the bio-dad has money for support, I'd definately go after him for it.

Read more
Answered on 8/15/02, 5:21 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California