Legal Question in Family Law in California

Court order for paternity testing

My boyfriend is trying to establish paternity of a child that was born to his ex-girlfriend. He has paid a deposit for the test at a local facility. He has attempted to have the child tested a few times and the mother would not allow it to be done. Supposedly, the mother has retained a lawyer to file papers for temp. restraing orders to the alleged father until the test has been ordered. Can my boyfriend request to have the test done at the facility that he has paid the deposit to or will he have to pay at another facility? Can he also request that she pay for half of the test?


Asked on 3/20/00, 6:19 pm

1 Answer from Attorneys

John A. Giffen Law Offices of John A. Giffen

Re: Court order for paternity testing

Your boyfriend needs to file a petition with the juvinile court or childrens court to establish a parent child relationship. the court will then order the mother to produce the child for testing to establish the fact of the father. Unfortunately he will have to bear the cost of the test and if he is found to be the father will probably end up paying for the childs test and the childs attorney fees if a guardian ad litem is ordered by the court. He needs to do something now, because the ex can terminate his rights if he does not take timely steps to protect them. He needs to bite the bullet and get an attorney right away. Custody matters are tricky and he will get into trouble if he tries to go it alone. Dont take the girlfriends word that she has gotten a restraining order. I doubt it, especially if he hasnt been served with one. He doesnt however, have any rights to see the child without proving he is the father. Better get going right away.

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Answered on 6/15/00, 2:03 am


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