Legal Question in Family Law in California

There is a presumption that your husband is the father of the child, that dates back to Roman Law.

�Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.� (Fam. Code � 7540).

The presumption of Family Code section 7540 does not apply if the parties were married, but not cohabiting. (Brian C. v. Ginger K. (4th Dist. 2000) 77 Cal.App.4th 1198, 1204-1205.) �Cohabiting� means living together in a marital household and sharing day-to-day to life. (Steven W. v. Matthew S. (1st Dist. 1995) 33 Cal.App.4th 1108, 1115.)

The presumption also does not apply if your husband is sterile. (In re Marriage of Freeman (4th Dist. 1996) 45 Cal.App.4th 1437, 1449.)

I would advise you to sit down and speak to an attorney familiar with paternity law on this issue, as there have been modern case developments about overcoming this ancient presumption with genetic testing.