Legal Question in Family Law in California

Delayed Paternity

I have a 10 year old son with a woman I was not married to. I am on the birth

certificate as the father and have paid child support since age 2. The child's

mother is remarried with 2 other kids now. Although I have visitiation rights,

his mother does not allow me to see him more then once a year. She is

constantly hauling me back to court for more support, and I have always paid.

I have recently found out that I am not the biological Father of the child. Can

I get the child support stopped?


Asked on 2/25/05, 11:01 pm

1 Answer from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: Delayed Paternity

This is a complex area of the law. You may be able to have the support stopped depending, of course, on the circumstances.

The court will have questions regarding the nature of your relationship with the child and the child's relationship with you - does the child consider you to be the father? etc etc.

If you wish to challenge paternity then you must have an experienced attorney to assist you. Indeed, there are new rules regarding set aside of paternity judgments which were put in place in January 1, 2005.

If we can be of help please feel free to call us at 562/601-8133 and ask for Pam. Pam will be more than happy to discuss the matter with you.

Regards,

Damian Nolan

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Answered on 2/28/05, 7:52 pm


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