Q: Can two fathers be named the legal parent of a child in 2 different counties?

A: In the state of California, a child can only have two legal parents at any given time. If a court in one county has already issued a judgment establishing parentage, naming you as the legal father, then another court in a different county cannot name a different person as the legal father of the same child, as long as your judgment remains valid and in effect.

California Family Code Section 7636 states, "The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code."

This means that once a court has determined parentage, that determination is conclusive and binding, barring exceptional circumstances or a successful appeal. If the mother attempts to file a petition to establish parentage for the same child in another county, the court in that county should dismiss the case, as the matter has already been adjudicated.

However, it's important to note that if there is evidence of fraud, duress, or material mistake of fact in the original judgment, or if the judgment is successfully appealed, it may be possible for the judgment to be set aside or modified. Additionally, if the mother and the other alleged father can provide evidence that you are not the biological father and that the other man is, they may have grounds to challenge the original parentage order.

In summary, under normal circumstances, if you have already been legally established as the father of the child in one California county, the mother cannot have another man declared the legal father of the same child in another county.