Legal Question in Family Law in California

As of right now, he is the presumed father, and the burden will be on him to try and terminate the parental relationship. Assuming that he had a proper Paternity test done, and he truly isn't the biological father, the court still may not let him off the hook. In other words, it is not a slam dunk. As an aside, if you know who else you were with at or around the time of conception, you may have to file a Paternity case against that person, if your husband manages to get his parental relationship terminated. I would suggest that if you don't already have an attorney, that you obtain one.

BARRY BESSER

www.besserlaw.com

Mr. Besser's answer is spot-on. After signing the declaration of paternity, living with you, and holding the child out as his own, he will have a hard time getting released from the paternity even if he is not genetically the father. But it is not a slam dunk for you either. You need a lawyer. If you are in the San Francisco Bay Area or Sacramento, and would like a free consultation, let me know.

I agree with both of my colleagues. In California there is a conclusive presumption of paternity where the parents are married at the time of the conception. The burden is on the presumed father to dispute the paternity within the first 24 months of the child's life. You may wish to seek the assistance of a family law attorney.