Married but Pregnant by Another Man Laws in California

The determination of filiation is also required for same-sex parenting situations if the parents were not married when the mother became pregnant or the child was born. For example, if two single women agree to raise a child together and the woman who did not give birth to the child wishes to be identified as the legal parent, she should apply to the court for an order legally establishing her parental rights. The court may order the person trying to establish themselves as the “other mother” to prove that the couple intended to be the child`s parent. The same applies to a homosexual relationship in which two men intend to be the child`s parents. They would have to prove to the court that they intended to be the child`s parents and that they were behaving that way. Parentage law can be complicated, so talk to your court`s family law broker or a lawyer to make sure you understand the details of your situation. But for unmarried parents, the filiation of their children must be legally established. If the child`s mother is not married, paternity cannot be considered presumed in California. Instead, it would be necessary to establish paternity. This can be done with a declaration of paternity form signed by both parents. The document can be signed at the hospital or court after the birth of the child. The names of both parents are also on the child`s birth certificate.

The simplest cases of paternity are when the couple who have a child is already married. Second, according to California paternity law, the husband is the presumed father of the child. This law also applies if the marriage was contracted during pregnancy. There are 2 ways to determine parentage if the child`s parents are not married: However, things get complicated when an unmarried couple has a child. If you have a child with a partner to whom you are not married, you have the option to sign a document called “acknowledgment of paternity” to confirm that you are the father. You can also choose not to sign this document, but in that case, the mother could go to court to make you responsible for your biological child. If the parents are married at the birth of a child, there is usually no question about parentage. The law assumes that married persons are the legal parents of the child, so that in most cases filiation is automatically established. Therefore, it is important to carefully consider the facts and evidence of a situation where another man claims to be the father of a child if that child was born during the marriage of a woman and another man. It is equally important for anyone involved in such a situation to get experienced legal representation from a family lawyer. At Gonzalez Law Firm, with over 17 years of legal experience in paternity and custody, you can be sure that you will get the best legal representation for your legal dilemma. Attorney David Gonzalez will guide you through any legal proceedings you face.

It serves all counties, including Los Angeles, Orange and Riverside counties, California. You can entrust your custody to his company. Call his business today at 1-877-345-2997 for advice on custody. If the child was born while the couple was married, the husband is the legal father. However, remember that legal father does not mean biological father. Establishing parentage means obtaining a court order or signing an official declaration of parentage or paternity indicating who a child`s legal parents are. For example, if the parents of a child were not married when the mother became pregnant or when the child was born, the child will not have a legal father until filiation has been established. Even if a father can prove that he is the biological father of a child, if he has never been married to the mother, he has no legal rights or obligations for the child. For this purpose, filiation must be legally established. What happens if the couple remains married, but the husband is not the biological father of the child? The presumptions that apply to married couples also apply to same-sex couples and those who entered into a registered partnership after January 2005.

A voluntary declaration of parentage or paternity is a California government form that, if signed by both parents, designates them as the child`s legal parents. The form must be signed voluntarily. No one can force either person to sign the form. The purpose of the declaration of filiation or paternity is to establish officially and legally who the child`s parents are if the parents are not married to each other. Establishing filiation is very important for a child. First, the child gets the emotional benefit of knowing who both parents are. And legally, he is entitled to the same rights and privileges as a child whose parents are married. In addition to the mother`s husband, as long as they were married during pregnancy and childbirth, there are other criteria. A man is considered the father of the child if he tried to marry the mother, even if the marriage was not legally valid, if the child was conceived or born during this period. He is still considered the presumed parent, even if the couple never marries. Another way a man is considered a presumed relative is that he married the child`s mother after the child was born and signed the birth certificate. He must also have agreed to support the child financially and emotionally.

If the man happily welcomed the child into his home and treated the child as his own, he could also be considered a presumed parent. That is what is really happening. Sometimes in a marriage it turns out that one of the spouses has an extramarital affair, gets pregnant, does not tell her husband, and then the child is born during the marriage. Some time later, the secret question is revealed, and then it is also revealed that the child born is not the biological child of the husband. The situation can be complicated if the biological father then wants to enter the child`s life and assert his parental rights over the child, while the couple does not want this situation. How does the California Family Code generally deal with such a scenario? The law assumes that a person is the other parent of a child in the following circumstances (unless proven otherwise in court). For example, John is believed to be the child`s other parent if: A child who has a known father could also benefit legally and financially from this knowledge. For example, his father could pay child support or act as a guardian.

Some parents do not want to be legally or financially responsible for a child who does not belong to them biologically. When DNA testing became commonplace, it changed the way families functioned forever. However, the existence of DNA testing has not eliminated the many complicated factors that go into paternity law. Sometimes a divorce can cause the legal father to start questioning his paternity. At other times, divorce could take place as a result of this investigation. If it is a situation where there are more than 2 parents, all parents have the rights and obligations of parenthood. However, it is still common to perform at least two DNA tests to confirm the results. To collect the tissue sample, most DNA tests use a cheek swab. As with a blood test, samples are taken from the mother, father and child. If you want to determine paternity before the birth of a child, you can use a prenatal test as soon as the mother is at least eight weeks pregnant.

These cases are never easy, and many different factors can affect the outcome. If the husband decides to fight for the right to keep the child, he may be able to retain paternal rights even if he is not a biological parent. However, the husband may choose not to fight for custody or other rights of the child that are not his. DNA tests include tissue or blood samples. DNA is completely unique, so this test cannot be fake, unlike blood tests, which can only determine a probability of paternity.