Paternity of Children Born During a MarriageTop
The reverse is not true. If a man fathers another woman’s child while he is married, his wife is not the legal mother of that child. As the legal father of the children born during his marriage, a husband may have custody and parenting time.
Moreover, can I divorce my wife if she is pregnant by another man in California?
California couples can file for divorce during a pregnancy, but they will face certain challenges, namely over paternity. A pregnant woman or her husband can certainly file for divorce during the pregnancy, but they’ll need to wait until after the baby is born to finalize it due to paternity questions.
In this way, does the biological father have rights if he is not on the birth certificate?
If a father is not named on the birth certificate, they have no legal rights regarding their child. However, the father can enter into a Parental Responsibility Agreement with the mother, which would give the father the same rights as the mother, or the father can apply to court for a Parental Responsibility Order.
What happens if you have a baby with someone else while married in California?
Paternity law is a broad term governing the legalities between fathers and children. The simplest paternity cases are when the couple who has a child is already married. Then, under California paternity law, the husband is the assumed father of the child.
What happens if you get pregnant during a divorce in California?
Pregnancy and Divorce in California
And divorcing in California during a pregnancy is not complication-free. A married couple in California can file a divorce during a pregnancy, but the divorce cannot be finalized until after the baby is born. How come? It mainly has to do with concerns over paternity.