Legal Question in Family Law in California

He would need to file a petition to establish parentage in Superior Court in the county in which the child resides. Then ask the court to order DNA testing (fortunately they generally not longer have to draw the baby's blood for this) once he proves to the court's satisfaction that he COULD be the father. He should be prepared, however, for the fact that custody will be shared in some form, so he and his ex-girlfriend will be in the same situation as divorced parents for the rest of their lives. That also means child support payments until the child is 18 and has left high school, or the child turns 19. The forms to get a parentage proceeding started can be found under the "forms" tab at courtinfo.ca.gov. The local Department of Child Support Services can also assist with a parentage proceeding. And they can be VERY happy to help a father who WANTS to take on custody and support obligations, since they mostly deal with fathers trying to avoid them.

It is important if paternity is in dispute to ask for a paternity test or to file for paternity over the child and place paternity at issue so the courts can determine whether your cousin is the father of the child. There are often cases where fathers are undetermined and yet continue to pay support and are required after a while to continue paying support despite paternity being in doubt.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/