Legal Question in Family Law in California

Paternity Problems

Greetings,

There is a woman who has claimed that I am 1 of 2 possible fathers to her unborn child due this month. I did have sex with her; and over the last 8 months she has threatened me several times with an abortion, trying to get me to get me to support her and I've been telling her that I will be apart of the baby's life if it is mine. She has moved to utah with the other possible father and is telling me that she doesn't want to have the DNA test, and wants me to stay away so her and this other person can raise, who could be possibly, my child. I am not sure if she is an unfit mother, but I would like to be in this childs life if it is in fact my child. My questions are as follows: 1. is she obligated to tell the father, if she knows that there is a possibility of more than one, to tell him? 2. Is there any rights that I have to this child if it is in fact mine? 3. If the answers are no for both of those questions, how do I protect myself from her coming at me financially later on? I want to take care of him/her, if the child is mine, but I do not want to have to face a lot of drama in the future. I ask these things respectfully,


Asked on 9/03/08, 7:38 pm

1 Answer from Attorneys
Cheryl Anne Woodard Cheryl Anne Woodard, Attorney at Law

Re: Paternity Problems

When did she move? More than six months ago?

If more than six months ago, Utah may be the only court that has jurisdiction and Utah law applies. You may be obliged to hire an attorney in Utah.

If not, you may file a paternity action in California and demand a DNA test. If the child is yours you will then be entitled to share in the child's life, and obligated to pay child support.

If you are not the child's father, you have no liability.

If her current boyfriend is willing to accept this child as his, he may have up to two years to demand a test and change his mind. It is up to you to decide whether you want to take that risk.

Before you make any decisions, get legal assistance and take care of this now as you may have continued exposure for child support and accumulating welfare benefit reimbursements running against you.

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Answered on 9/04/08, 4:27 pm


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