Legal Question in Family Law in California

Paternity issue and being charged with contempt

I had an affair during my marriage and I have a 12 yr. old child that may not belong to my now ex-husband. Dates are simply too close to determine as well as Blood types. I kept it a secret mainly because I was not sure if he was/was not the father. We have since divorced and have been fighting lately due to child support issue. The child resides with me and I have asked for support but haven't received any in over 5 yrs since we separated. He obtained an attorney and is charging me with contempt, since I have not followed the legal agreement regarding visitation. My child refuses to go to his father's home, due to reasons of pressure or being made to feel guilty for various reasons. I have, in turn, not forced my child to go. I have explained the issue of paternity to my son as well as my ex-husband. My son wants to have a paternity test for obvious reasons of knowing. My ex-husband refuses. I have a dilemma that I need to resolve before I wind up in court or worse, jail. I need to know how I can insist on a DNA test at least for my son's knowledge as well as my own. So I know how to proceed. Would appreciate your assistance.


Asked on 8/25/05, 1:31 pm

1 Answer from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Paternity issue and being charged with contempt

Alright...one of the things I always tell my friends is this: if he gets an attorney, you need to get one too. It's not fair, but that's how the system seems to work. You will almost certainly fair worse without one. Now, you need to file a request for paternity tests and you can do that as part of the "order to show cause" to modify custody. I don't know the which jurisdiction you're in, but most courts will refer the case to mediation. I would advise private, if you can afford it and if he agrees. In the meantime, don't disregard the court order, it messes things up.

Geoff Sutliff 916/446-1516

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Answered on 8/26/05, 1:42 pm


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