Legal Question in Family Law in California

Have 1 1/2 year old daughter, father signed voluntary declaration at hospital. Relationship ended few months ago. October found out he was with older kids mom entire relationship (and currently still is) by lengthy emails from her. Also stating he doesn't want any part of baby our baby. He disappeared after finding out and so did his voluntary child support help and recently got served. He's asking for set aside voluntary declaration, change of baby's last name , removal from birth certificate and DNA test but if its his, he's seeking visitation and custody. His (untrue) argument on paper states 1. I was the one cheating. 2. I told everyone he should of never signed birth certificate. 3 that an ex bf of mine emailed him to tell him he was certain he was not baby's father then I hacked and deleted that email. Completely false! How do I respond to his declaration???? What should I bring with me to court? What will happen??? We go to court in 2 weeks.

Thank You


Asked on 3/23/14, 10:49 am

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You are fixated on things that are legally irrelevant. While they are emotionally significant to you and hurt your feelings, they are not what the court relies on in making its determination in a situation like this. The court does not want to hear allegations and name calling. You will need to request genetic testing of the child, and you will need to focus on whether breaking the parent child bond is in the best interest of your child.

If you are going to represent yourself, you need to focus on the legal standard the judge applies in setting aside a Voluntary Declaration of Paternity. A genetic test is important. If the genetic test does not exclude him as the father, he is going to be found by the court to be the father of the child. If the genetic test excludes him, the court must still apply the factors set forth in Family Code section 7575, subdivision (b)(1).

Read more
Answered on 3/23/14, 11:00 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in California