Legal Question in Family Law in California
How to contest paternity the right way
My husband has a paternity claim in him from before our marriage. He had a short relation-ship with a women who claims that her 4 year old daughter is my husbands daughter too. My husband had a ''lawyer-friend'' helping him with the case. But in December 2001 he strongly disagreed with him and therefore the lawyer said he wouldn't longer work on the case. My husband took 2 DNA tests last year, which both came back inconclusive.
I tried to convince my husband that we really have to take a lawyer now, but he is afraid of any action with the court, because his previous marriage put him through a lot of trouble and he ended up paying for both lawyers. I try to convince him that this is different and that we need a lawyer. He sais he wants to see a free lawyer but I think that this is affecting our hole future for the next 20 years and I am not willing to take any risk. Please give me some advise how to proceed.
3 Answers from Attorneys
Re: How to contest paternity the right way
Your husband took a risk with unprotected sex, he should compound the mistake by going to court without the protection of someone who knows the system and the laws. If the tests came back inconclusive, then he has a very good chance of beating the case. Talk to a lawyer that handles paternity/child support cases. Good Luck, Pat McCrary
Re: How to contest paternity the right way
Find a good family law attorney and schedule a consultation so you can get educated on what the potential liabilities and expenses. Even if they charge you their time-many will not but some may-it will be money well spent because your husband will know the fee, if any, up-front and you both will be educated on how to proceed.
Re: How to contest paternity the right way
Your husband's attitude reminds me of a statement I heard a number of years ago. A guy was looking to buy a helmet on the cheap. He was told that if he thought he had a $10 head, then he should get the $10 helmet, on the other hand ... .
He probably will get what he pays for. He is looking to save a few bucks at the risk of 14 years (that is 168 months) of child support.
Finally, you said there was a "claim". How is his hiring an attorney going to increase his risk of any "action with the court".
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