Legal Question in Family Law in California

Can someone OTHER than the legal mother or father of a child request a paternity test? I know that Child Support Services can, but I am talking about an outside 3rd party. I have an ex boyfriend who is basically stalking me and even though I have told him he was not the father of my child, he is insisting that he will take me to court and order Paternity testing. I broke up with him because he was crazy and manipulative, and then I got together with my fiancee who is the father of my child. We already signed the Voluntary Declaration of Paternity, and my fiancee is on the birth certificate listed as my child's father. I would greatly appreciate any assistance in this matter.


Asked on 10/01/09, 6:35 pm

1 Answer from Attorneys

If it's within two years of the birth, anyone who has any kind of credible claim that he might be the father has a right to a paternity test. You can't take away paternal rights of a biological father just by having another guy sign the paternity declaration or putting his name on the birth certificate. The courts are fiercely protective of the child's right to know who his or her real parents are, so unless you can prove beyond a reasonable doubt that he could not be the father, then he'll probably get an order for the test.

The only good news if he is the father is that you can bleed him for child support for the next 18 years.

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Answered on 10/01/09, 7:01 pm


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