Legal Question in Family Law in California
Married women pregnant with another man
I am a married women who had an affair with a Marine. Now I'm pregnant with his child. My husband does not know. I don't want anything from this Marine. He wants some responsibilty for this child. I want to forget and get on with my life. He won't let me. He is willing to tell the Marine Corp. and accept their punishment. I don't want to be involved in anyway and I don't want to submit a blood test to prove my husband is not the father. What are my rights and what can I do for myself and my unborn child?
2 Answers from Attorneys
Re: Married women pregnant with another man
If you and your husband wish to raise the child as a child of the marriage,
you will probably be able to do so. Your husband is presumed to be the father of the
child under Family Code Section 7540, and the marine probably has no "standing", or right to
sue, under Section 7541, against the opposition of you and your husband. A recent Supreme Court
case, and some other appellate court opinions, have upheld the statute. Since the
marine cannot get standing to challenge your husband's paternity, he should have no way to
require blood tests.
The marine might be able to get a stronger case if you allow him to visit with the child in his
home. Instead, if you wish to raise this child without the marine being involved, don't allow
him visitation, etc. However, consider how you will deal with this with the child.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: Married women pregnant
The marine has no rights at all as long as the child remains unborn. After the child is born he may have the right to sue for visitation.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
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