Legal Question in Family Law in California

Yes, but the first part of the court case will be establishing whether or not he is the father. If the tests come back that he is not, then the case ends. If he is the father, then the case proceeds to custody and support determinations. He will have a right to custodial time just as if they had been married and divorced, if he wants it, and the more custodial time you have, the less support you pay. Tough as that may be on you and your marriage, if he is the father, it will be better for you financially and for the child as well, if your husband is as involved as possible in the childs life.

Yes, she can take him to court. He needs to raise the issue of paternity in the beginning and request genetic testing.