Legal Question in Family Law in California
DNA Testing
My husband is being sued by the county for child support for ex-girlfriend. They have never been married, he was in the childs life for approximately 5 months. She needed to get welfare and my husband signed a Stipulation for judgment and Waiver of Rights form to get the welfare. One of the reasons they broke up was that he suspected she was having an affair with her ex. Now he is requesting a DNA test, to verify that he is the father and the county attorney is denying him that right, based on the fact he signed this paper. He did not realize he was signing way his rights, girlfriend told him to sign papers. What can he do to get DNA testing, just to verify child is his? He will gladly pay support if she indeed is his.
1 Answer from Attorneys
Re: DNA Testing
As a general rule once a court order has been made finding him the father it will be very difficult to get that order set aside. The longer the order has been in effect the more difficult it will be to get it set aside. You should discuss the facts with an attorney. Besure to take a copy of all documents with you.