Legal Question in Family Law in California
Presumed father
I'm married going on 21 years. My ex filed for divorce 2 years ago. 6 years ago we seperated and got backtogeather, she came back pregnet, we moved to washington with our other 3 children. where she dilivered our son.5years later she adbandoned me and all 4 children. 6 months later she fieled for domestic vilonce/divorce in san bernidio, ruleing oldest dauther to her other 3 children to me, dismmissed on domestic vilonce, next day she fieled in L.A.
for D.V.\divorce. ruling coustody of all the children to her, no visitation of my son no leagl or pysical coustody. I was married at the time of birth.I am on the birth certificate, I have held my son out to be mine.The proublms are I am not his biological father, and the court knows that, I had a vascectomy, and the court asked me, the biological father lives in another state and since court 2 years ago has started paying child support. but has never seen my son. Other proublms are I was not able to explain the out come of san bernidio court. The kids lawyer recomened they be placed with me. the commisioner granted me coustody, then called me at home to tell he couldn't. D.V. My question do I qualify to be his pressumed father and what are my chances, should i go back S.D.court
1 Answer from Attorneys
Re: Presumed father
If the child was born during the marriage and you took it into your home you should be the presumed father. However, there are possible exceptions to your case. Your question cannot be answered with the information you have provided. Going back to San Diego about the custody issue would probably be a good idea.
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