Legal Question in Family Law in California

Paternity Testing

I am about to finalize my divorce with my wife. We have been separated for six years and have four children from our marriage. With the completion of our divorce I am going to have to get a new will and other legal documents. I have been paying court ordered child support since 1998. I would like to know if there is a time frame on when you can request a DNA test establishing paternity for the state of California or if I could request a test if I did not do it initially. Also, if allowed to request a test and it shows that some of the children are not mine can I have my child support reviewed and/or changed to only reflect the children that are mine.


Asked on 11/23/01, 12:28 pm

2 Answers from Attorneys
Lisa Lane McDevitt McDevitt Law Office

Re: Paternity Testing

I cannot answer with regard to CA law, because I am not licensed to practice in CA. However, your post mentions the state of Maryland. Are the kids in CA or MD? It may be that MD law applies if they are in MD. Also, your court order may have pre-empted a later challenge to paternity if the court order was in MD. Contact me in my MD office at 301-652-0663 so that I can determine which state's law would apply.

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Answered on 11/26/01, 4:56 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Paternity Testing

Assuming the child was conceived while you were married to the mother and living with her, and that you are not sterile nor impotent, the paternity challenge must be made before the child's 2nd birthday.

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Answered on 11/23/01, 5:18 pm


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