Legal Question in Family Law in California

Re: Paternity

You should obtain a divorce naming your child as a child of the marriage and asking for legal and physical custody and $0 child support. The child's bio father can file to be joined to the case and asked to be determined to be the child's father. There is a presumption that your husband is your child's father but it is unlikely he will demand genetic testing if he knows that you two did not have sexual relations when the child was concieved. Besides, he would then have to pay child support. Alternately, your child's father can file a Petition to Establish Paternity. The court can then deal with two cases or join the cases. The Family Law Facilitator can help you with all of the forms. Look in the phone book County listings for Superior court.