My husband was served paternity papers from a married woman for a 13 year old child. He never knew of the existence of this child until July 25, 2009, what rights do we have?
This is still fresh and I've been trying to find answers to protect marital assets since we live in a community property state. We've been married for 24 years and my husband learned of the paternity suit on July 25, 2009. At the time of the affair, the woman was married also and now the child is 13 years old soon to be 14. There is no divorce decree between the woman and her husband, from what I've been able to find out, she works at a reputable college. Is there a statute that allows her to seek child support after all these years?
Good morning,I'm sorry to hear of your dilemma.What state were the paternity papers filed in? Do you live in the same state?Is the action entititled a determination of paternity, or something similar? I’ll put forth my best effort in assisting you. When you are able to respond to my request for clarification of your situation, I’ll be able to assist you. In the meantime I would ask that you please stay on-line, just in case I need additional clarification from you regarding the factual circumstances relating to your question. Thank you for allowing me to help. Regards, Doug
We live in southern CA and she lives up north in Richmond, CA. My husband has asked for paternity. Her paperwork is asking for child support.
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.
27+ years legal experience. I remain current in Family Law through regular continuing education.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).