Legal Question in Family Law in California

No, it is up to you, I urge honesty, you don't want to create a lawsuit where your ex-husband challenges paternity and makes you look bad. I advise all my clients to put the name of the real father, the biological father. You should file for divorce ASAP

You never have to provide any name for the father when you fill out the vital records papers in the hospital, although a husband who is present has the right to fill out his part of the forms. If you want the biological father's name on it, he will have to be present in the hospital before you are discharged, and the two of you will have to fill out a voluntary declaration of paternity form. The presumption of husband's paternity does not attach if he is not cohabitating with the mother. Having a divorce on file will be a good confirmation that you are not cohabitating.

Mr. Tuan is incorrect. Your ex cannot file a "lawsuit" challenging paternity, nor making you "look bad". Mr. McCormick is correct though, that if you want the biological father's name to be on the birth certificate, then he will have to go to the hospital, before you are discharged, so that he can fill out a "Declaration of Paternity". Also, Mr. Tuan is wrong, this does not mean, though, that you would be forced to immediately file a divorce. Good luck!

I actually agree with Mr. Tuann on this one, and disagree with Mr. Schneider. Your husband could file a motion in your divorce to determine the paternity of the child, and has a two (2) year limit from the child's birth to do so, if he wants genetic testing. Additionally, he could challenge you later to rebut the Roman law presumption that he is the father, by showing that you were not cohabiting, in the event that you listed him and child support became an issue.