Full question:
I just found out that my wife had an affair and that she is pregnant. I have had a vasectomy but no testing has been done for paternity. My wife and I are all but certain that this child is not mine. She has broken off the relationship and is back with me, but the possible biological father thinks that he should have some rights to the child. All I want is to raise this child as my own and for my other three kids not to have any idea that the child is anything but their full brother or sister. Does this man have any rights to this child if my wife and I deny him involvement? My wife and I were living in the same house the whole time this affair occurred.
- Category: Paternity
- Date:
- State: California
Answer:
In California, a man is presumed to be the father of a child if he was married to the mother at the time of conception or birth. This means that, legally, you are considered the child's father because you were married to your wife during the affair and the pregnancy.
Even if the biological father claims rights to the child, your marriage to the mother establishes your legal paternity. Therefore, you have the right to raise the child as your own, and the biological father may have limited rights unless paternity is legally established through testing.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.