Legal Question in Family Law in California
Whats-Up
I dont quite uderstand whats-up. I had a baby by someone other than my husband. My babys father and I, sigend a P.O.P right after I had her. At the time I signed the P.O.P I had no idea, that because I am still married to someone other than the babys father, that I should have not signed it. The hospital and the father of my baby never told me any different. The father of my baby, sigend the birth certificate, and some how closed down the child support case right after it had opened. My husband, witch is not my babys father, is being charged for the birth of my baby. Witch one of the two would be the legal father and witch one has to pay child support. Thank you so much
1 Answer from Attorneys
Re: Whats-Up
Because you were married when the baby was conceived the presumption is that it is your husband's child. If you are pretty sure it isn't and want the biological father to pay support you need to file a Complaint to Establish Paternity. You can ask the child support services department to do it on behalf of the child. Please note that if the bio dad is ordered to pay he may also seek visitation. If you do nothing your husband will be the legal father. If you divorce he may be required to pay support and can be given custody. Aside from the money, you may want to ask yourself who is going to be a real dad to this child.
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