Quote:
Originally Posted by Hank Chinaski
a "friend" is fairly sure that his wife had children with another man and he is saddled with the expense of raising them cuz she claims they're his. This other guy is apparently a very well-paid lawyer. the kids are in private college and the tuition is really strapping my "friend." the real dad is considering buying a ferrari. NWTF? what lawsuit should my friend bring?
unrelated question- can I sue a John Doe and compel an anon webpage to give me a sock's real name?
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I don't practice family law, so my advice is worth the usual $0, but in California children born during the course of a valid marriage are irrebuttably presumed to be children of that marriage. As in DNA evidence establishing beyond a shadow of a scientific doubt that they are children of another man is -- wait for it -- irrelevant and inadmissible to disprove the husband's paternity.
This is one of those rules (like the rule against character evidence) that seems harsh, irrational, and otherwise totally fucked up, until you think about it, and realize it probably should be that way everywhere, and probably will be eventually if it isn't already.
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