Legal Question in Family Law in California
What are the mimimum requirements for a family law judge to order paternity for the mother against the accussed father? Are there qualifications that needs to be met prior to issuing such an order to avoid abuse or scams? What's preventing a mother accusing a random person whom she has some basic info from exploiting the system?
2 Answers from Attorneys
Genetic testing is required. It used to be done by blood tests. Now it's done by DNA testing, usually with a simple swab inside the cheek, like you see on CSI.
This question is too broad to answer here. In some situations, genetic testing may be barred by the applicable statute of limitations. There are also other policies that may or not apply, such a parentage by estoppel, or the presumption of marriage and cohabitation set forth in Family Code section 7540. Under these doctrines, the court rules that someone, other than the biological father, is the father of the subject child, due to policy and legal provisions. I would have to know the specific facts to tell you which law applied in your matter.