Legal Question in Family Law in California

Does he have to take a paternity test?

My boyfriend had a girlfriend who got pregnant 2 years ago and said it was another man's. She married that man and just recently he had a DNA test done and said the child wasn't his so he was divorcing her. The woman then notifies my boyfriend that the baby is his. Doesn't she have to get a court to order my boyfriend to do a paternity test? And if it is his child, then will he owe back-child support eventhough she was married at that time? What about the child's name on his birth certificate? It's the other man's name?


Asked on 8/14/00, 5:08 pm

1 Answer from Attorneys
Nina Gohari Law Office Of Nina N. Gohari

Re: Does he have to take a paternity test?

I will need to know answers to some of my questions. First, when was the child born? During their marriag or after separation or before their marriage. Second, there could be no child support arrears unless there is a child support order in effect and/or there is a welfare reimbursement request by the District Attorney's Office. Third, name of the man on the birth certificate does not establish any legal rights. If you are in Southern CA you may come in for a free office consultation at 310-839-7700. Nina N. Gohari, Esq.

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Answered on 9/18/00, 4:35 pm


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