Legal Question in Family Law in California

Legally the person who conceived the child is the father of the child. The married woman should tell the truth and all parties should fess up to the real father and he should start to pay child support. The married man should not be held responsible for another man's child.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

As correct as Mr. Chau's answer is in a perfect world, we lawyers would need another line of work if the world were perfect. I think the question is what happens when the parties DON'T do the right thing.

The answer is that, unless some unusual exceptions apply, the husband is legally presumed to be the father of the child. Within two years of the birth, however, any interested person can contest the paternity. Generally that is the husband who doesn't want to be responsible for a child that is not his, or the lover who wants to claim his child. If the court finds there is probable cause (or if the parties stipulate, which is more common) there will be an order for DNA testing. Now-a-days that's generally done with a swab of the inside of the cheek. No more poking poor babies with needles for blood. If the lover is found to be the father, then the parties will have to sort out things from there, but the lover will be legally liable for child support at the least.