AStevenson81
Junior Member
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
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
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