Legal Question in Family Law in California

My daughter's mother was married to another man when our daughter was conceived. My name is listed on her birth certificate. I live in Louisiana now and have been sending money for my daughter in cash. Her mother alleges to have me served with support papers. What do I do?


Asked on 2/08/10, 12:24 pm

2 Answers from Attorneys

It depends on how and why you got on the birth certificate. If you and the mother signed a delclaration of paternity, she is legally your daughter regardless of the biological facts, unless you did not know she wasn't yours biologically, you can prove you didn't know, and you file an action to contest paternity within a reasonable time of finding out the true facts. So unless you can contest the paternity presumption, you are the father and you are on the hook for support. All you can do is respond to the papers, make sure your income and expense report and hers are right (using discovery and subpoenas of her financial information if necessary) and then pay what the DissoMaster program calculates you owe.

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Answered on 2/13/10, 1:06 pm
PATRICK MCCRARY PATRICK MCCRARY

I would suggest that you check online to see if an action has been filed. Check in the county that your child resides. Regardless, I would suggest that you consult with an experienced family law attorney that practices in the county that your child resides. There is much information that he needs to answer your questions and give you solid legal advice and you do need legal advice. Good Luck, Pat McCrary

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Answered on 2/16/10, 8:33 am


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