Legal Question in Family Law in California

You are. The presumption of paternity in the husband of a married woman is a rebuttable presumtion. The fact that the couple was separated and she was sexually active with another man is pretty effective rebuttal. Also, even if she were still cohabitating with her husband, he, she, you, or any representative of the child would have the right to file a proceeding to establish paternity by DNA testing, as long as they file within two years of the birth.