Establishing Paternity- Non-Cohabitating Husband is NOT the Father

[AStevenson81]

What is the name of your state (only U.S. law)? CA

I am trying to understand the CA Code myself, and it is very difficult. I would greatly appreciate any help.

My Ex and I separated in 05/2008 because he cheated on me and decided he no longer wanted to be married. I started dating after and became pregnant in 12/2008. My child is due 08/15/09. I have filed for divorce and it is set to be finalized on 12/09/09.

My boyfriend would like to sign the Voluntary Declaration of Paternity, but it CLEARLY states on the form that because I am married that I can NOT sign it stating that he is the father.

After reading the CA Code, I know that it states that when a Husband and Wife are Co-habitating that the Husband is considered the "Presumed" father. However, since we were not living together, does that make the presumption inapplicable? And if so, can my boyfriend and I sign the Voluntary Declaration of Paternity? Or do I have to De-Establish Paternity with my Ex first and THEN after the presumption is dropped, my boyfriend and I can establish Paternity then?

I would greatly appreciate any assistance in this. And please, I am not a whore and wasn't sleeping around on my husband, so please no "If you would have kept your legs closed" comments.

Thank you

[Blue Meanie]

Originally Posted by AStevenson81

What is the name of your state (only U.S. law)? CA

I am trying to understand the CA Code myself, and it is very difficult. I would greatly appreciate any help.

My Ex and I separated in 05/2008 because he cheated on me and decided he no longer wanted to be married. I started dating after and became pregnant in 12/2008. My child is due 08/15/09. I have filed for divorce and it is set to be finalized on 12/09/09.

My boyfriend would like to sign the Voluntary Declaration of Paternity, but it CLEARLY states on the form that because I am married that I can NOT sign it stating that he is the father.

After reading the CA Code, I know that it states that when a Husband and Wife are Co-habitating that the Husband is considered the "Presumed" father. However, since we were not living together, does that make the presumption inapplicable? And if so, can my boyfriend and I sign the Voluntary Declaration of Paternity? Or do I have to De-Establish Paternity with my Ex first and THEN after the presumption is dropped, my boyfriend and I can establish Paternity then?

I would greatly appreciate any assistance in this. And please, I am not a whore and wasn't sleeping around on my husband, so please no "If you would have kept your legs closed" comments.

Thank youWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

1, No,
2. No.
3. Yes and Yes. Disestablishment will happen with the divorce.

[Ohiogal]

Establishing Paternity- Non-Cohabitating Husband is NOT the Father

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What is the name of your state (only U.S. law)? CA

I am trying to understand the CA Code myself, and it is very difficult. I would greatly appreciate any help.

My Ex and I separated in 05/2008 because he cheated on me and decided he no longer wanted to be married. I started dating after and became pregnant in 12/2008. My child is due 08/15/09. I have filed for divorce and it is set to be finalized on 12/09/09.

My boyfriend would like to sign the Voluntary Declaration of Paternity, but it CLEARLY states on the form that because I am married that I can NOT sign it stating that he is the father.

After reading the CA Code, I know that it states that when a Husband and Wife are Co-habitating that the Husband is considered the "Presumed" father. However, since we were not living together, does that make the presumption inapplicable? And if so, can my boyfriend and I sign the Voluntary Declaration of Paternity? Or do I have to De-Establish Paternity with my Ex first and THEN after the presumption is dropped, my boyfriend and I can establish Paternity then?

I would greatly appreciate any assistance in this. And please, I am not a whore and wasn't sleeping around on my husband, so please no "If you would have kept your legs closed" comments.

Thank you

Your boyfriend could file to intervene in the divorce in order to establish paternity of his child if he so chose.

As for the bolded, no one said you were selling yourself. You were committing adultery however. That is what it is called when you are married and having sex with someone other than your spouse.

[AStevenson81]

Thank you both very much for your feedback.

And Ohiogal- that was very helpful and productive, thank you.

[CourtClerk]

He may not sign the DOP because your husband is STILL the presumed father.

A man is presumed to be the natural father of a child if he
meets the conditions provided in Chapter 1 (commencing with Section
7540) or Chapter 3 (commencing with Section 7570) of Part 2 or in any
of the following subdivisions:
(a) He and the child's natural mother are or have been married to
each other and the child is born during the marriage, or within 300
days after the marriage is terminated by death, annulment,
declaration of invalidity, or divorce, or after a judgment of
separation is entered by a court.

[AStevenson81]

That was VERY helpful. Thank you so very much.