My wife and I live in California. She had an affair and is pregnant with the other man's child.
1. Can the other man establish paternity without our cooperation?
2. Can the other man establish paternity with our cooperation?
Answer
1. Maybe. There is a strict law that a child born to a married co-habitating couple is irrebuttably presumed to be the husband's child. Some family law judges, however, will bend over backward to find a way to have the true dad be the legal dad if he wants to step up and take responsibility.
2. Almost certainly. If you do not assert the presumption, it is fairly easy for him to establish paternity if he wants to do so.
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