Legal Question in Family Law in California

I was in a eelationship with a woman who was married, we had intercourse, and she became pregnant. she left the state(ca) to kansas, to be with her husband, now she threatens me to not see or have contact with the baby, what can I do? I want to be there for my child


Asked on 1/22/14, 11:54 pm

2 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

You should take immediate action if she just relocated to Kansas to file and serve a paternity action with a motion to establish custody and visitation. Please meet with an experienced family law attorney to explore your legal options in more detail.

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Answered on 1/23/14, 7:30 am

If she left for KS before the child was born, you need to talk to a KS lawyer, because KS and not CA will have jurisdiction over the child. That might be a good thing, though, because in California there is an "irrebuttable presumption" in the law that a child born to a married woman who is living with her husband is the husband's child. "Irrebuttable presumption" means that the law decides this regardless of any evidence, such as DNA tests, to the contrary. That said, if the husband doesn't want the child and the bio-dad does, courts will usually find some excuse for not applying that rule. But if the husband wants the child, with both the rights and responsibilitied the law attaches to fatherhood, it is virtually impossible for the bio-dad to assert his paternity. I have no idea if the rule is the same in KS, but you need to find out from a KS laywer if the child was born there.

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Answered on 1/23/14, 9:50 am


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