Legal Question in Family Law in California
Paternity Responsibilities
My 20 year old son recently informed us that he might be the father of a two month old child. At this point the mother (also 20 years old) is not asking anything of him. Should our son get a blood test to confirm that he is indeed the father? What are his responsibilities? Thank you for your response.
2 Answers from Attorneys
Re: Paternity Responsibilities
Your son does not have a legal responsibility to pay support until paternity is proven. If the mother goes on welfare, the county can seek reimbursement from your son going back 12 months from when they seek the $. At that point, your son would request DNA testing.
He can have the test done now, at his own expense, if he so wishes.
If she does not go on welfare and seeks support later, she can only seek an order retroactive to the date she files her motion, usually about 30 days.
Re: Paternity Responsibilities
Your son has the right to have a paternity test. Whether or not he asks for a paternity test depends on how confident his is or is not the father of the child.
Assuming that he is the father, he is responsible for the prenatal medical expenses of the the mother, medical expneses of the child for birth and afterwards. He is also responsible for child support. He should also consider his responsibility as a parent for the emotional welfare of the child.