Legal Question in Family Law in California

No. But there is a legal presumption that a husband is the father of his wife's baby conceived during the marriage. Not living together generally rebutts that presumption, but it is best that you take steps to legally establish the bio dad as the legal dad.

I disagree with Mr. McCormick. The presumption does not even arise because there was no cohabitation.

He is misapplying what was historically called the Roman Law presumption of paternity. That presumption is set forth in California's Family Code section 7540. It is inapplicable because you and your husband were not cohabiting. �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.)