Legal Question in Family Law in California

I know what a VDOP is, but what is POP? There is a presumption that a child of a wife cohabiting with her husband who is not impotent or sterile is the child of the marriage. But that presumption can be rebutted by genetic testing. You also refer to your exhusband, which would not trigger the presumption. The birth certificate does not make your exhusband the legal father.

I have no idea why you have been in court for 5 years without genetic testing or resolving the matter. I suggest you speak to an attorney.

I would agree that you need to speak with a qualified family law attorney in your area. The issues you bring up are legally complex. The POP declaration was rebutted in the statutorilly allowed time frame, but still there is the issue of over-coming the marital presumption of paternity. Regardless, this does not preclude the bio-father from asserting his rights. But, the bio-father would most likely need to be brought into the action where the POP father is trying to get a determination of non-paternity. As I said, these are legally challenging questions unless even an attorney is well versed in paternity issues. Good luck!