Legal Question in Family Law in California
Paternity, child custody
Husband is Active Army. Week ago got call saying he is father of 3 1/2 yr. child. 4 children total involved in mess. Father of all children sent paper for husband to sign because x-wife says it is my husbands child. "Consent of Proposed Guardianship","Nomination of Guardianship","Consent&Wavier of Notice". Father on Birthcertificate never taken Bloodtest. Want Husband to sign because ex-wife says its his not actual father. Child is now 3 1/2. Name on guard. papers is husbands, name on Birthcertificate is of father of all 4 kids. What know???? PLEASE HELP. Thanks
2 Answers from Attorneys
Re: Paternity, child custody
Dont sign anything.
Re: Paternity, child custody
Your message is somewhat confusing. If I understand you, a married woman had a child 3 1/2 years ago and is now claiming that your spouse, not her husband, is the bio dad.
It that is accurate, and assuming that California law applies, your husband may be in the clear.
If the child was conceived at a time that the woman and her husband were living together, and the husband was not sterile nor impotent, California applies a marital presumption that the husband is the father of the child. The presumption can be challenged, but only before the child's second birthday.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
