Legal Question in Family Law in California

Re: paternity testing

He can file a petition to establish paternity. However, as I recall, he will have no standing unless he took the child into his home after its birth or otherwise completed the requirements for presumed father. Just ignor him unless he files a petition to establish paternity and serves you with the petition. Should that occur then retain an attorney.

Re: paternity testing

He can file a paternity action and demand DNA testing. You should establish paternity and will probably need to establish that with your ex. Why not start on that now and pre-empt any other action by the fling. Pat McCrary

Re: paternity testing

Your "fling" can and, by the sounds of it, probably will file a Paternity Action seeking a Paternity test. If the test is positive, then the father will probably seek, at a minimum, visitation with the child. Indeed, it is not all that unusual for a father to come back seeking very large amounts of visitation (50%) with the child and some even have the temerity, despite the fact that they were absent, to seek custody. (D0n't forget, the more visitation a parent has with his/her child, the less that has to be paid in support. This fact alone is sometimes sufficient motivation for a parent to seek custody/visitation)

The first thing you should do is have a paternity test done for your "ex." If that test is positive, then who cares about the fling. However, if the test is negative, then do not ignore the demands of "fling" as he probably will come out of the woodwork - especially if he thinks you will be seeking child support! I very strongly advise that you immediately retain the services of a competent family law attorney to protect your rights.

If we can be of assistance, please feel free to call.

Regards, Damian Nolan