Legal Question in Family Law in California

Re: Legal biological Father, but not the husband at birth?

You or her may file a paternity suit and request DNA testing. Once it is determined that you are the father all the rights and obligations of a father are yours. The D.A.'s office may press the issue if she is applying for AFDC. There is much at stake, a relationship with a child or child support for 18 years. I am not aware of a statute of limitations for filing a paternity suit, however, you have much to lose if you wait. Please contact me directly at (619) 222-3504.

Re: Legal biological Father, but not the husband at birth?

The only "statute of limitations" that would apply would apply if you could show that at the time the child was conceived, she was married, living with her husband, and that he was not sterile nor impotent. Then the deadline would be the child's 2nd birthday.

Since she gave birth 6 months after she married, that scenario is unlikely (but not impossible).

Frankly, unless you want a relationship with the child, I'd sit back and wait. Since she's married, I doubt she's on welfare. If she's not, and comes at you 10 years from now, that's 10 years you did not pay support with only 8 years to go.