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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
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Experience:  Attorney with experience in family law.
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My husband recently found out that he is not the father of

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My husband recently found out that he is not the father of my 9 yr old stepson through DNA testing. My husband ordered a kit after becoming suspicious of his ex-wife's actions. It seemed that she has been alienating us from my step-son and he seemed to be closer to his step-dad than my husband.
They were married for 5 yrs prior to his ex-wife getting pregnant so the paternity was not questioned from the start. When my stepson was 3 they filed for a divorce. My husband continued to pay for child support and take care of his needs when he is w/ us (3-4 days in a week).
After seeing the result my husband got angry & immediately called her. He said that my step-son would still be our priority & we will always be there for him. But she will never get any favors from us anymore. She initially apologized & said sorry for all the pain she caused. she even said that no matter what my husband would always be the father.
When my husband asked what time she will drop my stepson to our place (since he was on his way home from work & it was our time to spend w/ him) she said she would do so after their prior engagement. Then she asked if she can borrow money from my husband since she is short on cash and need to buy groceries. My husband told her that he should be the last person she should ask, but if she lets us know what my stepson needs, we will get it for him. That's when she said that my stepson does not want to go here anymore & that he will not spend time w/ us anymore.
- My husband is still legally the father of the child right?
- Can she just decide to not let us see him?
- What can we do? We still very much want to be a part of his life and we believe we would be able to provide better future for him than she can.
Submitted: 3 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 3 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The husband of a woman who has a child is presumed by law to be the child's father. That presumption can be overcome by evidence that he is not. Cal. Family Code, Section 7611. However, if there is currently a custody and support order in place, both parties are required to abide by it unless and until they go back to court to get an order that your husband is not the father. it sounds like he doesn't want to, which is fine. If she chooses not to do it, either, she can't stop your husband from seeing the child.

If she does go back to court, he can also request an order that he is the de facto parent of the child, and that it would be in the best interests of the child to allow continuing custody and visitation. Given that he has been raising the child for the past nine years, and that they already have a relationship, he may be able to continue seeing him.

Good luck.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 21095
Experience: Attorney with experience in family law.
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