Legal Question in Family Law in California

Hi i live in california, three years ago i had a baby. at the time there was two different guys who could be the father. one of them left me before the baby was born. and the other one graciously aknowledged paternity by signing the birth certificate and the declaration of paternity. sadly things did not work out. for two and a half years he practically disappeared, not paying child support or visiting with the baby. now all of a sudden that our son is three years old, he wants to have custody. i want to sue him and have a dna test this time to see if he is the father. what happens if he refuses to cooperate with a dna test? what happens if he is not the father? the other man who could be the dad has probably left the country or is hiding real well from me.

Asked on 2/21/10, 4:48 pm

2 Answers from Attorneys

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You can try to contest paternity. The statute says you have to do it within two years, but many judges will bend over backward to find an exception because they feel the baby should know who his real father is. The trouble is you can't find the other possible real father, which will make the judge less likely to look for an excuse to see if the man who is willing to step up and care for the child is the not the real father. So you just have to put your case before the judge and see if you can get him to order the DNA test. If the other guy is not the real father, he will have no more rights to the child, but will never have to pay the back support either. If he stays the legal father, he may get joint custody or visitation, but you can get back support. So maybe you need to think about what is best for your son. Do you really want to deprive him of a dad AND the money this man owes if he remains the legal father?

Answered on 2/26/10, 6:21 pm

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