Legal Question in Family Law in California

Re: Child Support on step son

Probably, you are what the law calls "the presumed father" of the child, because you raised the child since the child's birth and took the child into your home as your own. However, there is some case law that would seem to indicate that your presumed status may be overcome by paternity tests. There are two different paternity tests you could request: 1. A test to determine you are not the bio father and 2. A test to determine who the real bio father is. Ironically, the court may deny your request to determine that you are not the father, but allow your request to determine that someone else is. It is possible the court could determine that the child has 2 legal fathers, and split the cost of child support between you and the bio father. Note that the appeals courts have recently determined that the statutes pertaining to paternity are gender neutral. What this means is that if the court determines you are the legal father, you would have the same rights as the mother, and should therefore have a right to request paternity tests of the bio father. When the mother's attorney argues that the child already has a father, you could snap back, "He has a mother too, if she were to request a paternity test, the court would allow it, her rights are not better than mine."