Either a child, natural mother, or "presumed father" may file an action to determine paternity. A "presumed father' is a man to whom the mother is married, or, if no longer married, was married within 300 days of the child's birth. Another "presumed father" is one who receives the child into his home and openly hold out the child as his natural child.
In a recent California case, the court said that a biological father who had no relationship with the child could not challenge paternity. The court also found that this would not violate the due process rights of the biological father.
My husband and I were in the process of getting a divorce well I end up getting pregnant by another man. And my husband and I decided to work things out now my son is 4 years old and my husband signed that birth certificate.The divorce never was filed.I tried to get child support from the biological father and they said that my husband is the father no matter what. So if something happened to me and my husband and someone else had to raise my children can the biological step up and take my 4 year old from the guardian?
Posted by: Rosemarie | November 29, 2007 at 07:50 PM
I would also like to ask you a question about what my bestfriend is going though. She has been married for about 17 yrs and can't have children. She had a friend who got pregnant and decided to give her and her husband the baby but instead of going through all the legal adoption process the biological mother put my bestfriends husband as the father and he really wasn't.But my bestfriend is having problems in her marriage and is worried about her rights to their daughter who is now 6 years old if she was wanting to seperate from him. Can you tell me if she has any rights? She also lives in California. Thank you.
Posted by: Rosemarie | January 04, 2008 at 02:27 PM
I would also like to ask you a question about what my bestfriend is going though. She has been married for about 17 yrs and can't have children. She had a friend who got pregnant and decided to give her and her husband the baby but instead of going through all the legal adoption process the biological mother put my bestfriends husband as the father and he really wasn't.But my bestfriend is having problems in her marriage and is worried about her rights to their daughter who is now 6 years old if she was wanting to seperate from him. Can you tell me if she has any rights? She also lives in California. Thank you.
Posted by: Rosemarie | January 04, 2008 at 02:27 PM
I agree with this court decision.
Posted by: gv70 | January 29, 2008 at 03:21 AM
i have been married for 6 years my husband has been abusive for the last 3 we are now seperated, but the problem is i have 3 children who are not biologically his he wouldnt let me have any contact with their father and stated numerous times that he was their father and i shouldnt worry about him helping because those were his kids but now he says that they arent and he wont help. well whats bad for me is i told my x 6 years ago that i was married and the children didnt need him and asked if he would allow for us to be a family. he accepted it and moved on but now im in this pickle can i get some kind of support from my current husband or am i otta luck
Posted by: cece | September 04, 2008 at 03:18 AM