Legal Question in Family Law in California
I am legally married, but had a baby with someone other than my husband. At the time of the babys birth, I listed my husband as the father on the birth certificate. I now wish to seek child support from the biological father. Is this possible even though my husband's name is on the birth certificate, and if so, how do I go about it?
2 Answers from Attorneys
You are facing a serious uphill battle. There is a common law and statutory presumption that your husband is the father, regardless of the biology of the situation. If you really want to take on the challenge of "setting the record straight," you will need to hire an attorney, and even then the presumption may hold up regardless of the true biological paternity.
You can accomplish that task with the consent of your husband. However, time is of the essence and you should proceed as soon as possible. You should proceed with an attorney. You make a mistake and you lose. Good Luck, Pat McCrary
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