Legal Question in Family Law in California
I was in a 9yr domestic violence marriage where I basically was beaten just about everyday. I had called the cops a total of 2 times from the domestic violence and 2 times to his probation officer due to he had violated. On the last Domestic violence case back in March 2010, I had went to the hospital with 13 bruises covering my body, a gash on my head from a picture frame he broke on my head, and the worst of all to find out that I was pregnant. We already have a 9 yr old mind you. I am only 24 yrs old not most intellegent about laws. But I need some help. I met up with a 47 yr old man who came to the rescue, we had fallen in love and have been together ever since. My ex knew I was pregnant when he first went to jail but did not claim the child. Which was fine cause he was born healthly and my fiance claimed him as is own even before he was born he even has his whole name with jr attached to it. Back in January of 2011 I had mail which was from my ex saying he wanted custody of our 9 yr old and a dna test of my son. I immediatently went to the court in my county filed got in attorney and thank god he was served first, In my deposition I only talked about my 9 yr old he never said anything about my son. He then came to my house so i had him violated. He is in jail til next month. Is there any thing he can do to get a dna test on my son? My finance now signed the birth certificate cut his imbilical cord and is his actual father just not biological. Also i know as soon as my ex gets out he is going to motion for custody of my 9yr old what can i do here to stop him?
2 Answer from Attorneys
The best thing to do is to continue to work with your current attorney and develop the best legal strategy to deal with this complex situation.