Good morning,

California law holds that the husband, of a wife who gives birth, and who himself is not sterile, is conclusively considered to be the father. The sole exception to this situation is where someone contests paternity and file an action for determination of paternity withing 2 years after the child's birth.

As the woman's husband is the presumptive father, she can not seek child support from your husband.

Here is the applicable CA Family Law Code:

7540. Except as provided in Section 7541, the child of a wifecohabiting with her husband, who is not impotent or sterile, isconclusively presumed to be a child of the marriage. 7541. (a) Notwithstanding Section 7540, if the court finds that theconclusions of all the experts, as disclosed by the evidence basedon blood tests performed pursuant to Chapter 2 (commencing withSection 7550), are that the husband is not the father of the child,the question of paternity of the husband shall be resolvedaccordingly. (b) The notice of motion for blood tests under this section may befiled not later than two years from the child's date of birth by thehusband, or for the purposes of establishing paternity by thepresumed father or the child through or by the child's guardian adlitem. As used in this subdivision, "presumed father" has themeaning given in Sections 7611 and 7612. (c) The notice of motion for blood tests under this section may befiled by the mother of the child not later than two years from thechild's date of birth if the child's biological father has filed anaffidavit with the court acknowledging paternity of the child. (d) The notice of motion for blood tests pursuant to this sectionshall be supported by a declaration under oath submitted by themoving party stating the factual basis for placing the issue ofpaternity before the court. (e) Subdivision (a) does not apply, and blood tests may not beused to challenge paternity, in any of the following cases: (1) A case that reached final judgment of paternity on or beforeSeptember 30, 1980. (2) A case coming within Section 7613. (3) A case in which the wife, with the consent of the husband,conceived by means of a surgical procedure.
You and your husband need to immediately retain an attorney to defend against this action. As the child already has a father under CA law, the mother can not seek to undo that relationship at this time and seek child support from another man--in this case your husband.

I wish you well.

Thank you very much for having allowed me to assist you. It would be greatly appreciated if you would click the green Accept icon so that I can receive credit for having assisted you.

Best regards,

Doug