Legal Question in Family Law in California

I was court ordered to take a paternity test with my ex-boyfriend, per his request for my son. My fiancee and I signed a Voluntary Declaration of Paternity when my son was born that made him the legal father. If the results come back that my ex-bf is in fact the biological father, do I need to file something that asks the Court NOT to set aside the DOP? Neither my fiancee or I want to have it set aside not matter what the results are. We are planning to marry soon, and are expecting a second child. My court date is 02/22/10. I live in CA.


Asked on 2/12/10, 2:41 pm

1 Answer from Attorneys

If the test comes back that the ex is the biological father, the DOP will be set aside. I cannot think of any basis on which the court could not set it aside. You can ask that the court order sole legal and primary physical custody to you, but if he is the real father the ex will almost certainly get some visitation. The only good news is that he will have to pay you child support too. If the test shows the ex is the real father the only other option would be a step-parent adoption by your fiancee, but that would require the ex to agree, and if he went to all the trouble of going to court to prove he is the father, it doesn't sound like he would agree to that.

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Answered on 2/17/10, 3:06 pm


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