Legal Question in Family Law in California

father seeking paternity
My husband married a woman he believed he got pregnant when he was in the military. They separated after about a year of marriage and ended up residing in different states. She called about 5 months after the separation began and told him she was pregnant for a second time. The marriage was over at that point and eventually they divorced. The second baby was born before the divorce was final but my husband has had no contact with his ex-wife or two kids. He is questioning paternity of both children. We have found plenty of information for unmarried couples questioning paternity but nothing for someone questioning who was married at the time.

Can he request having a paternity test done? The factors are that they both live in different states, he did sign the first child's birth certificate, he was still legally married when the 2nd child was born and he hasn't had any contact with the ex or two children in almost 4 years. Is it too late to find out for sure that he is the father of both children?

Asked on 7/29/04, 5:14 pm

Lyle Johnson Bedi and Johnson Attorneys at Law

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Re: father seeking paternity

He is presumed to be the father and has only a short time in which to request a paternity test.

Answered on 8/03/04, 10:27 pm

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