In family law, what seems straightforward often becomes complicated, particularly when issues like paternity and parental rights intersect with marriage. California’s marriage presumption is one such area where the law steps in to balance family unity and individual rights.
Whether you’re a husband, wife, or third party in such a scenario, understanding how this presumption works is critical to navigating your legal options. Contact Vatani Heinz Law APC at (949) 999-2121 to request a free legal consultation.
What Is the Marriage Presumption?
The marriage presumption in California holds that a child born into a marriage is presumed to be the child of that marriage. This conclusive presumption exists to protect the integrity of the family unit, preventing outside parties from asserting paternity claims that could destabilize the family.
Under Family Code §7540, the law states: “The child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”
This presumption can only be challenged through genetic testing within two years of the child’s birth. After this two-year window closes, the presumption becomes absolute, barring any third-party claims of paternity—even if genetic evidence suggests otherwise.
The Role of Timelines in Paternity Claims
The marriage presumption’s two-year rule is pivotal. A husband or wife can request genetic testing within this timeframe if doubts about the child’s paternity arise. Similarly, a third party, such as the biological father in an extramarital affair, must act within this period to assert parental rights.
If the two-year window passes without a challenge, the legal father remains the husband, regardless of biological evidence. This underscores the importance of timely legal action for anyone questioning paternity under this presumption.
Can the Presumption Be Used Against the Husband?
Infidelity often leads to complex family dynamics, including disputes over child support. In some cases, the biological father (the third party) may attempt to invoke the marriage presumption to avoid financial responsibility. By asserting that the child was born into a marriage and is over two years old, they might argue that the husband should bear financial obligations.
Court Interpretation
However, California courts have generally rejected such arguments, emphasizing that the marriage presumption exists to protect the family unit—not as a tool for third parties to shift financial responsibility. In County of Orange v. Leslie B. (1993), the court clarified that the presumption was never intended to absolve biological fathers of their responsibilities when the marriage has already dissolved.
In essence, if the family unit no longer exists due to infidelity or divorce, the courts are unlikely to apply the marriage presumption to force the husband to pay child support for a child not biologically his.
Why Timely Legal Advice Matters
Laws surrounding the marriage presumption and paternity are fact-driven and time-sensitive. Delaying legal action can limit your options, whether you’re the husband questioning paternity, the wife navigating family dynamics, or the third party seeking parental rights.
By seeking legal counsel promptly, you can:
- Understand your rights and responsibilities under California law.
- Gather necessary evidence, such as genetic testing, within the required timeframe.
- Navigate the complexities of child support and custody with confidence.
Addressing Unique Situations
Every case involving the marriage presumption is unique, shaped by specific circumstances and timelines. Whether you’re dealing with an existing paternity arrangement, seeking to challenge the presumption, or facing financial disputes, it’s essential to have a knowledgeable legal team to guide you through the process.
At Vatani Heinz Law APC, we specialize in family law cases involving the marriage presumption, paternity disputes, and child support issues. Contact us at (949) 999-2121 to schedule a consultation and get the advice you need to protect your rights and make informed decisions.