Legal Question in Family Law in California

Help? Child support paternity question

Husband and I married for 5 1/2 years. I was pregnant when we met and he took on the role as my daughters father (he was not biological father). He signed declaration of paternity in the hospital, but then decided 6 mths later he did not want to be her dad. We had a paternity test to establish he was not father. After the test, he wanted to be her father and then married me. He did not remove himself from Birth certif. Since then, we have had another daughter, and are now going thru a bitter and painful divorce. He does not want to pay child support or be legally responsible for the oldest daughter after 6 1/2 years of being her father? Is he only legally responsible for the 2nd child, or is he responsible for both since he decided he did in fact want to be her father even after the paternity test came back? Help please!!


Asked on 12/21/07, 6:03 pm

1 Answer from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Help? Child support paternity question

Your question is unusual and will require some research to answer. However, based on general family law principles, it could be argued that when he took her into his home and treated her as his child after the marriage that he became the presumed father. The husband has two years after the birth of a child, during the marriage, the request a dna test for paternity. After that time he is precluded from contesting paternity. It is now 6 years after the birth of the child during the marriage. Thus precluding his denying paternity.

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Answered on 12/26/07, 2:04 pm


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