Legal Question in Family Law in California
My girlfriend of 4 years just had a baby and is leading me to believe it is mine. I filed papers for visitation but she filed a response saying that her husband is the presumed father and I have no rights. I had no clue she was married. She was living a double life. Do I have any rights to the baby if it is mine?
2 Answers from Attorneys
You do. Check out Family Code section 7540, which they may be trying to rely on, but then go on to read 7541. Good luck.
I agree with Ms. Ellifritz. There is a presumption that a child born while the parties are married and cohabiting is a child of the marriage. The second second section that Ms. Ellfritz refers to is a provision to rebut this presumption with blood testing. You need to do this within 2 years of the baby's birth, through a paternity action.
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