Legal Question in Family Law in California
not the father...why can he file a paternity test
I am married, I have a child with my husband....we seperated a few months before I got pregnant and during that time I slept with someone else, a few months go by and I am back with my husband and I am pregnant, now almost 4 years later this guy that I slept with says he is taking me to court cause he is the father of mine and my husbands child which is only possible if you can be pregnant for 13 months....can he actually do this?? I have no problem proving to him that he is not the father but I don't think that this is worth my time or the court systems....what can I do to stop this? Or is he blowing smoke cause of his fatal attraction complex?
1 Answer from Attorneys
Re: not the father...why can he file a paternity test
There is a presumption that the husband is the father of any child that is born during the marriage. It is my understanding that only the husband can request a dna test and then only if the test is requested with 2 years of the birth.
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