Legal Question in Family Law in California
Not the biological father, but chose to be the father
When my daughter and her husband were dating they had split up and during this time my daughter became pregnant. They got back together and married before the child was born. The husband knew the child wasn't his but signed the birth certificate and even named him after his father. It has been 3 1/2 very rocky years and my daughter is very unhappy. She has left him several times. He has her convinced that if she leaves him he doesn't have to pay child support and that he would have her arrested for fraud because he isnt the father and his insurance paid for the birth. They live in CA. but married and the birth in NV.
3 Answers from Attorneys
Re: Not the biological father, but chose to be the father
The Nevada law of parentage, which includes a presumption of paternity in the circumstances you describe and concepts of "equitable adoption" appear to favor the mother in child support collection and defending a criminal charge of fraud. The father would be hard pressed to claim fraud regarding something he knew about and consented to. The attorney you hire may want to call father's bluff.
Re: Not the biological father, but chose to be the father
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry; however, I would
say that under California law he PROBABLY is the child's LEGAL father. Your daughter should contact an experienced Family Law attorney in the California County where she lives for specific advise and possible representation on her behalf.
Thanks for sharing your interesting inquiry, and good luck with your case.
Re: Not the biological father, but chose to be the father
The husband is almost certainly the legal father, for several reasons. It sounds like she will need an attorney and she may be able to get the husband to pay for the attorney's fees or most of them. Good Luck, Pat McCrary
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