Legal Question in Family Law in California
Adjudicating Paternity--Presumed versus Bio-Dad
Married and got pregnat by another man. No way husband is the father, and was not on the birth certificate. Was not able to add bio-dad's name, only is birth date.
Divorced shortly after child was born. No mention of the child in the divorce decree.
Bio-dad signed AOP without DNA test, and amended birth certificate to add his name when child was about 4-5yrs old. Paid voluntary support since child's birth. CA processed AOP and stamped the form ''Paternity Established on...''
Now trying to get a support order. Bio-dad is trying to say husband should be the ''presumed father''.
Is a judge going to agree with this assessment, or go after bio-dad? All they have to do is a dna test and no one has to presume anything.
1 Answer from Attorneys
Re: Adjudicating Paternity--Presumed versus Bio-Dad
Base on the limited information you provided it would appear that most likely the judge will look to the bio dad. Consult with an attorney in your area and review all the facts to fully evaluate the case.
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