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  1. #1
    Join Date
    Feb 2015
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    1

    Default Establishing Paternity Rights When the Mother is Married to Somebody Else

    My question involves paternity law for the State of: California

    (Not sure if I posted this in the right area)

    I just split up with a woman who is currently pregnant and presumed to be my child. She is married to someone while in the U.S. Army but was dishonorably discharged, and they are seperated. I don't know much about their current marriage situation but I know divorce is wanted on her side, but not sure what he has actually done to begin it or if has started on it at all. They were based out of Fort Bragg in North Carolina but her and I now live in California.


    I am curious on what all this now means and how it works. She has mentioned moving back in with family back on the east coast. Which if it turns out to be my child, I am threatened to never seeing him/her ever. Whos name will go on the child's birth certificate, her husbands name or mine? Who is legally responsible? Will I have to pay child support?

    Any and all information is greatly appreciated. Thank you!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: I Inpregnated a Woman Who is Married but Seperated

    Where you live is largely immaterial. Where the mother gives birth is the determining factor.

    In most states a child born to a married woman has the husband as the presumed father. What comes next depends really on the what state.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Establishing Paternity Rights When the Mother is Married to Somebody Else

    As long as she continues to live in California, you may initiate a paternity action in California and serve it upon her. See Family Code, Sec. 7633 ("An action under this chapter may be brought, an order or judgment may be entered before the birth of the child, and enforcement of that order or judgment shall be stayed until the birth of the child").

    The mother's being married but separated will complicate the paternity proceeding, but won't prevent you from attempting to establish paternity. The court can consider the child's best interest when determining whether to disregard the presumption of paternity in favor of the husband.

    If you are ultimately determined to be the child's father, you can seek custody or visitation, and can be ordered to pay child support.

    You should try to come to an agreement as to the child's surname. If you cannot agree, assuming you are successful in a paternity action, you'll need to address the issue in court.

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