Legal Question in Family Law in California

Hi,

I am getting a divroce. my wife and I have been living separately for 5 years now. We have 4 children together and she has 2 children with another man. The judge is now telling me that I am responsible for the 2 children that are not mine because we were still legally married when she had them. Is this true?

Jose


Asked on 2/25/10, 8:38 am

2 Answers from Attorneys

Yes. If you and your wife were living together or even occasionally sleeping together at the time the children were conceived, there is a legal presumption that you are the father. The burden is on you to rebut the presumption within two years of when the child was born, unless you did not and could not reasonably have known the child was not yours until later. If you wait, the presumption becomes permenant. If you and your wife were not together at all when the children were conceived, then you need the help of a lawyer to ask the court to reconsider its ruling, with the proper legal analysis that the judge will listen to.

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Answered on 3/02/10, 9:15 am
James Bame San Diego Law Office

You must try to challenge the presumption of paterinty...it may be too late though. Contact me directly.

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Answered on 3/02/10, 10:25 am


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