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CalAttorney2
CalAttorney2, Attorney
Category: Family Law
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I was married 3 months in the same house and legally married

Customer Question

I was married 3 months in the same house and legally married a year and half my ex-wife (lawyer in LA) a child was born and i question partenity no judge will make her do a test.
Submitted: 1 year ago.
Category: Family Law
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,
I am sorry to learn of this matter. California has an "irrebuttable presumption of paternity" (See Family Code Sec. 7611 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=07001-08000&file=7610-7614 and http://digitalcommons.law.ggu.edu/cgi/viewcontent.cgi?article=1675&context=ggulrev_.
This is likely why the Court is not requiring a test.
Child support in California is calculated somewhat mechanically, you can find the "Child Support Calculator" here: http://www.childsup.ca.gov/resources/calculatechildsupport.aspx.
If you wish to pursue parental rights (visitation, custody, etc.) you may wish to retain your own attorney in this matter.
Customer: replied 1 year ago.
So, If the person don't beleive the child is his, he has to talk care of it because they were married they got married one month later after discovering that she was pregrant.
Customer: replied 1 year ago.
Am sorry we live in New Orleans, LA
Expert:  CalAttorney2 replied 1 year ago.
Thank you for the clarification.
Fortunately, Louisiana and California have nearly identical rules, so the information I provided above will still apply.
It is possible to challenge the presumption of paternity, but it is very difficult to do so. This article discusses the challenges and some of the considerations you may need to take into account: http://northshorelalaw.com/family-law/paternity-in-louisiana-the-husbands-presumption-of-fatherhood/.
If you wish to pursue this route, I highly recommend hiring an attorney to represent you in this - given the long term costs and obligations of raising a child (both emotionally and financially, it is going to be well worth your investment at this point if you truly believe this is not your child).
You can find local attorneys using the State Bar Association directory: , or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).