Legal Question in Family Law in California
My brother was in a relationship with a woman for a month and they found out they were pregnant. He�s listed as the father on the birth certificate, and signed his name. A year down the road, he decides to pay for a paternity test and finds out the baby is not his, so they break up.
Right now he is in the process of trying to remove his name from the birth certificate because she wants to take him to court for child support. She said as long as his name is still on the birth certificate once the baby turns 2, he will be help legally responsible for her child in the stated of CA. Is this true? She knows who the baby�s biological child is, but she claims he�s a dead beat and won�t pay any child support so she�s going after my brother.
3 Answers from Attorneys
She is both right and wrong. Your brother must file before the child is two years old, a Petition to determine non-paternity of the child and to set aside the paternity declaration he signed at the birth. If your brother waits until after the child turns 2 to do this, then he is stuck with being the father. I would suggest you find a local attorney who specializes in family law to help your brother with this.
www.FamilyLawCalifornia.com
I am a local attorney that may be able to help you with this situation. Mr. Schneider is correct in his assessment of what needs to be done. Naturally, there would be attorney's fees involved. Time is of the essence.
BARRY BESSER
www.besserlaw.com
The birth certificate is irrelevant. What is relevant is whether he signed a Voluntary Declaration of Paternity. He has a two year period from the birth of the child to file an action to determine the paternity of the child.
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