Legal Question in Family Law in California
the court is ordering me to bring my son for a paternity test for a child support case. I already know he's not the father. What can I do to not have my son take the test. Can I go to the court and tell them that the guy I put down as the father is really not the father?
2 Answers from Attorneys
I'm not sure why you want to avoid the test, so it is not possible to answer this question. If the man asking for the test really is the father and now you don't want him to get a judgment that he is the father, you have one set of problems. If you gave false information as to who the father is, you have another set of problems. If you just are worried the child will be hurt or upset by the test, you don't need to worry. They shouldn't use a blood test anymore. They should be able just to take a swab from the inside of the child's mouth to do the test.
If Child Support Services is owed any money because you received AFDC, then you have to get the test or be held in contempt of court, i.e. go to jail. It probably will not be any big deal when the test comes back negative; it happens all the time. If you really want to, you could look really surprised when you get the results. If you never received AFDC, then the answer is quite simple, dismiss the child support case. If you tell the court you intentionally lied on a legal document, you could be in very serious trouble; I definitely would not do this if I were you.