Legal Question in Family Law in California
I signed a declaration of paternity for a child in 2002 in the state of california. Once the baby was 2 months I found out I was not the biological father. I recently (11/12/09)received a letter from child support services asking for income verification because I think the mother is receiving county aid. Can I be held liable for this if I'M not the biological father? In addition, the mother commpleted a change of address form with the post office to forward my home mail to a p.o.box to falsify the original test saying that I was the father, and mailed the incorrect results to my home. Once I recieved the fake copy of the paternity test, I took another paternity test at a different location to clear up the confusion. This test also confirmed I was not the biological father. Shortly after this I switched my postal address informaton back and completed a fraud form with the post office. Do I stand a chance of getting my name off the birth certificate??
1 Answer from Attorneys
You stand a chance, but you had better get a lawyer involved pronto. You are well past the statute of limitations to revoke or contest that declaration of paternity. You should have done something a LONG time ago. Many family law judges will, however, bend over backward to allow paternity to be challenged where there is clear and convincing evidence that the father of record is not the actual father, but to get them to do that you have to know how to make the evidence clear and convincing to a judge. That is not something you are going to be successful at doing it yourself.
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