Legal Question in Family Law in California

Determining paternity

what is the legal procedure to obtain a dna test for a baby when the mother is now denying the father's paternity. She claimed that he was the father for the first eight months of the pregnancy, but now claims that he is not the father after it became evident that there would be no relationship between the two of them.


Asked on 9/11/05, 5:04 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Determining paternity

File a summons and petition for paternity. Call me directly at (619) 222-3504.

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Answered on 9/12/05, 2:59 pm
Michelle Garmong The Law Office of Michelle Garmong

Re: Determining paternity

I also address the issue of establishing paternity on my website (www.the-divorce.com) (Paternity & BLOG). Feel free to check out the info there. Also, you may want to check to see if the mom has an open file/case at the Los Angeles Dept of Child Support Services (or county where mom resides). If so, step up & ask if she has named him "dad" on papers.... if so, they will tell him..and he can request DNA testing - @ $200 thru them, if child is yours... you pay for testing, if not... you don't. As a former Deputy District Attorney (Riv. Co.) in the Child/Family Support Division, its my experience that establishing paternity/child support thru this manner is the cheapest route, if she has an open case (unborn child OK to open case). If, however, no case open there, he can establish paternity on his own accord through the Uniform Parentage Act and have the court order DNA testing. DNA test cost significantly greater @ $200-600 per person..mom,dad..baby - buchel swab (mouth swab). If he is found to be dad, then issues such as custody/support will likely need resolution. In any case, seek legal counsel. Feel free to call (888-500-DIVORCE) to set up free 1/2 hr. initial consultation if you desire.

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Answered on 9/14/05, 1:15 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Determining paternity

In a general sense, the procedure is to file a "Complaint To Establish Paternity". Then the court will order a DNA test if paternity is questioned.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/11/05, 9:06 pm


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