Legal Question in Family Law in California

I found out that my domestic partner had a child from another person she had told me that the child was my son. We have lived together for about 4 years and the baby is currently about 5 months old. I discovered that the child does not have my last name in his birth certificate. I performed a mouth swab DNA home test on the baby and the results turned out to be that I had a 0% probability of being the biological father. My question is do I need to file a legal separation from the mother and the child? I have my saving's account with a balance of about $6,000 and I wanted to know if my domestic partner is entitled to it when we both separate? I also have an 11 year old son in which we already have settled custody to pay her $300/month when we separate and I wanted to know if this will change since I've been unemployed for about 1.5 years now and my domestic partner is currently employed?


Asked on 8/30/10, 11:07 pm

1 Answer from Attorneys

You keep using the term domestic partner, but you cannot be legal domestic partners since you are not same-sex and based on your reproductive capability, I am pretty sure you are not social security age. Without knowing the actual legal status of your relationship, it is not possible to answer your question without risk of being very wrong.

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Answered on 9/05/10, 2:35 pm


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