Legal Question in Family Law in California

You are going to have to file a paternity action against the biological father, and even that may not be successful. There is a presumption that the man the mother is married to at the time of conception is the father of the child. That presumption can only be rebutted by "clear and convincing evidence." Unless one of the two men cooperates, you will have a hard time meeting that standard of proof.

Actually, the first question is whether or not the child was born during the marriage. But, if the child is still less than 2 years old, you have a chance of a finding of non-paternity. But, in order to have a finding of non-paternity, you may have to get the bio-father involved as the courts do not like to make "legal orphans", i.e. a child without a legal parent.

If you are looking to do an adoption, maybe best is simply allow the agency to take over that issue, or in the alternative, the adopting parents to worry about the paternity action when they file their Petition to free the child from adoption as against the father(s).

Regardless, you will definitely need to get legal counsel to help you through these legal issues.

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