Legal Question in Family Law in California
ccan a declaration of patrrnity be set aside for an eight year old child? The man on the birth certificate is not the childs father. He has an open child support case but has never paid anything. He is a drug addict with a criminal record. He has had no contact with the child in three years. He does not acknowledge the child as his. He demanded on signing the declaration in order to gain access to the childs family. He stole and frauded the family out of several thousands of dollars. Mother of child recieves e mails and threatening phone calls about removing his name or demanding access to the child. Child is scared of him and wants nothing to do with him. Child wants to know her hispanic culture from biological father and establish a relationship with her half sister. Is it too late under these conditions to have the man who is on removed and the biologicals put on?
1 Answer from Attorneys
It is not supposed to be set aside this late, but most judges will find a loop-hole to allow it in the situation you describe where the biological father wants to step forward and become the legal father of record. There is virtually no way to get it done this late without a lawyer. So you need to find a good local family law attorney with experience with paternity cases.
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