Legal Question in Family Law in California

Laws on Paternity
A child was conceived & born during a marriage.The child was born in CA 2002 & the husband divorced the wife in FL 2004 with no mention of the child in the divorce.The mother applied for welfare in CA 2005 & named another man as father.Does the assumption of paternity of child born in a marriage and the 2yr limit to contest paternity apply to the ex husband even though he isnt a resident or living in CA. ie jurisdiction.Is there a law on this?

Asked on 2/07/08, 12:47 am

2 Answers from Attorneys

Brian McGinity McGinity Law Office

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Re: Laws on Paternity

I am not sure I understand your question. However the first sentence stated the child was born during marriage. Is that correct? In California a child born during a marriage is presumed to be as a result of the marriage and therefore the husband is presumed to the father. The presumption can be rebutted by DNA evidence. The parties can also stipulate as to the identity of the father. The fact that the mother committed fraud upon the state of California when applying for assistance does not have any affect on the presumption of parentage. However, since I may not have all the facts and it sounds like there is some important information missing in your question. I would suggest you contact an attorney or go into a family law facilitator's office and gather more information.

Answered on 2/07/08, 3:13 pm

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