Legal Question in Family Law in California

Re: unwed fathers rights

There is a presumption in favor of the husband. However, that presumption can be overcome by a paternity test. The law is all over the board on this issue, but it seems like the more quickly you act after the child is born (i.e. the sooner you file a Complaint to establish paternity in court) the more likely it is you will get parental rights. BE advised, however, that because the law is not very well settled on this issue, sometimes the courts make screwy orders and judgments. In one case I had, very similar to the facts here, the judge made a judgment naming both the husband and biological father as legal fathers of the child, with shared custodial rights!