Legal Question in Family Law in California
I found out recently I may have a love child. The possible daughter just turned 19. The mother and I had a affair 20yrs ago (Nov-Dec 1990). I was a single 19 yo soldier in WA st. and she was 22 and married. We were together about 2 months off and on while she was married. eventually she moved back to Utah with her husband who she stayed married to until 2005. I recieved a e-mail from my facebook page that she was looking for me. I responded and she let me know she thought he daughter was mine because she was pregnant when she got back to Utah. She said she didn't want anything, but wanted me to know and if I would take a paternity test. At first I was ok with it, but after I got back home to Ohio ( I am a contractor in Iraq) I decided not too, as I felt she should first dis-prove via a paternity her ex husband who raised this girl- ( She was with both of us off and on over 2 months) I did not feel the burden of proof should be on me. This made her angry, and now she is threatning to get a paternity test and child support through California where they just moved. My question is- after all these years, and since the girl is a adult and was already raised by her dad( the man on her birth certificate) Do I have any obligations at this point if? Can I be forced to a paternity by the mom? I have my doubts due to specifics things that I rememberede 20 yrs ago that the mom didn't, but there is a chance none-the-less. I currently live in Ohio with my wife of 16yrs and my children. She is now in California.
4 Answers from Attorneys
The father who signed the birth certificate is the legal father. The girl is no longer a minor, so unless she is still in high school, I don't know what she thinks she will get. Now that you know her motive is money, I would steer clear. She would have to court order you for a paternity test, which isnt likely before the girl turns 20. I would not talk to her again other than through an attorney and block her from FB.
I guess I should mention, in case she threatens, that she cannot collect child support prior to filing a suit for child support.
The state of California does not have jurisdiction over this case, only the State of Washington. In California there is a conclusive presumption that the husband is the father. Do not take a DNA test and you cannot be tabbed under California law. Since she is 20 there is not obligation for you to support her and the support could not be retroactive to the date that a request were filed. The only claim in California might be one against your estate for an intestate share and that would be determined by the laws of Washington. Good Luck, Pat McCrary
In California, the husband would be presumed to be the father if he was cohabiting with her at the time of conception. (Fam. Code, sect. 7540.) It is a conclusive presumption, and can only be rebutted by a paternity test, but only if brought within 2 years of the birth of the child. (Fam. coe, sect. 7541.)
I don't understand why Ms Beers thinks the birth certificate is relevant to determining paternity, it is not. Only a Voluntary Declaration of Paternity would be dispositive.
She could file in California, and jurisdictional questions would have to resolved at that time. Although the law that I have cited above is California law, it is based on what is known as the Uniform Parentage Act, there should be similar provisions in other states if she files there.
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