Legal Question in Family Law in California
paternity question
my wife had an affair and has become pregant, she had relations with myself and the person from the affair 1 day apart, she does not know who the father is. we are trying to work through this whole mess but need help with the legality of this matter, what if the other guy is the bio-father what options do we have, can we exclude him from the babies life or does he have certian legal rights, I will except baby either way but do not want to have this guy around our other children! I donot feel that it would be a heathly enviorment to have this 3rd wheel around for the rest of our lives. please help
2 Answers from Attorneys
Re: paternity question
Simple. When a child is born during a marriage, it is presumed that you are the father. Only if the other fellow were to file a paternity action and get DNA proof he was the father would he have any "rights". Those "rights" would of course include paying child support and visitation. If he is unaware that your wife is pregnant, then let it rest. Just keep in mind that he MIGHT do something in the future and then he would have the rights as outlined above.
Good luck.
Re: paternity question
It is my understanding that when a child is born during the marriage that the husband is conclusively presumed to be the father. A conclusive presumption cannot be challenged by an other person. However, the husband would have the right to request a dna test. There is a two year time limit for requesting the dna test. After that time husband is prohibited from demanding a dna test.
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