Legal Question in Family Law in California
Hi, my boyfriend signed a birth certificate about 5 years ago when he was with his ex. After she had the baby, DNA tests confirmed that it was not his child. They both went there separate ways until now. The state of CA is trying to get child support out of him because she is on state assistance. We sent the DNA test results to the child support agency but they are not going to honor that because he signed the birth certificate. Is he really liable for child support?
3 Answers from Attorneys
General rule is two years to set aside voluntary paternity. Fraud usually is not sufficient as every father will claim it unless it is done within in a year. So it is really tough to do anything in most cases over two years. Sorry, that is the law.
The issue is whether he signed a Voluntary Declaration of Paternity. No presumptions arise by birth certificate.
Unless challenged in court, DCSS will continue to seek child support from the person they are told is the father. An attorney should be consulted and specific legal advice should be obtained after a review of all the facts.
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