Legal Question in Family Law in California
No idea what to do...
I just found out that I am not the biological father of my child that I have been granted Full physical and Full legal custody. I am remarried and my wife is in the process of adopting the child. The biological mother has not been in the picture for about 2 years now, having NO contact with the child or having ever paid any type of support. Could this interfere with the adoption and am I entitled to the money paid to my ex-wife (the biological mother) for all of the child support I have paid before I had custody? Any advice would be much appreciated.
1 Answer from Attorneys
Re: No idea what to do...
Assuming that you and the mother were married at, or shortly after the birth of the child, you are the legal father of the child. There is a 2 year period after the birth of the child that you can challenge the paternity of the child. After that time has passed your are conclusively presumed to be the father of the child. This fact will probably not adversely affect the adoption of the child by your current wife.
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