Legal Question in Family Law in California
My significant other had an,affair while we were living together for more than three years. As a result she bear a child with jer lover. she never mentioned that the child was not mine. Now the alledge father wants custody of the child. the child has my last name. what are my legal rights. love that kid as mine.
3 Answers from Attorneys
The child may very well be yours under California's paternity laws, especially if you signed a Voluntary Declaration of Paternity, and a significant amount of time has passed. There are various time limits and legal doctrines involved, so I suggest that you have a consultation with a competent family law attorney who has a good grasp of paternity law.
Mr. Roach is absolutely correct. Please meet with an experienced family law attorney to assess your legal options.
The key question is whether you have been legally determined to be the father. That could have been done by signing and filing a declaration of paternity, or in a legal proceeding to establish paternity.
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