Family Law Questions? Ask a Family Lawyer Online.
Good morning. Can you explain the situation? Did the women have an affair with you while she was married?
Thank you for the additional information. The law will presume a person is a child’s other parent under the following circumstances (unless proved otherwise to a court). For example, John will be presumed to be the child’s other parent if:
There are 2 main ways to establish parentage when the child’s parents are not married:
A voluntary Declaration of Paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either the father or the mother to sign the form. The purpose of the Declaration of Paternity is to officially and legally establish who the father of the child is when the mother and father are not married to each other.
A properly signed Declaration of Paternity has the same effect as a court order establishing paternity for the child, without anyone having to go to court.
Once the declaration is signed, the form must be filed with the California Department of Child Support Services Paternity Opportunity Program (POP)in order to be effective.
However, since she is still married, this is likely a situation whereby you need to proceed through the court and establish paternity and then the court can order that you be named on the birth certificate.
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