Legal Question in Family Law in California

You have two years from the birth to get blood tests to disprove you are the father. If the tests do in fact show you are not the father, you will not be liable for child support. So you can start the divorce proceeding now and get the blood test as soon as the child is born, or you can wait.

You will need to file an action to establish parental relationship. In this action you will request paternity tests. If the paternity tests show you are not the father, you will not be required to pay child support if you separate from or divorce the mother. However, you must act quickly. If you wait too long to contest paternity, the court may find that you are the legal father of the child even though you are not the biological father, in which event you would be required to pay child support. In the alternative, you could also bring an action against the biological father, if you know who he may be, and seek support from him.