Legal Question in Family Law in California

I was married to a girl for 5 months. We didn't have any children together. We are going through a divorce and have been separated for a while. She recently gave birth to a new baby with another man whose she's currently with. She threatened to file for a default and ask for child support and alimony if I don't help with the older child. Would she win?

Asked on 9/25/13, 9:06 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law
0 users found helpful
0 attorneys agreed

You can request a dna test to determine paternity. You should do that right away. There is a short window of time during which you can request the test. Do not delay in requesting the dna test.

Read more
Answered on 9/25/13, 10:37 pm
Anthony Roach Law Office of Anthony A. Roach
0 users found helpful
0 attorneys agreed

I agree with Mr. Johnson. She may try to raise the conclusive presumption of Family Code section 7540, but you should be able to rebut that with genetic testing and argue that you were not cohabiting when the child was conceived.

Read more
Answered on 9/26/13, 5:20 am

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Family Law, Divorce, Child Custody and Adoption Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now