Legal Question in Family Law in California

I recently married my wife and signed a voluntary form to establish parentage over our 4 almost 5 year old child. I'm not sure if I am genetically the father and honestly do not care as I have always looked at this child as my own. Recently, her ex boyfriend has been seeking visitation rights. Over the almost 5 years of my son's life, this man visited all of maybe 4 times. He has requested a DNA test and I'm not sure what to do next. It seems strange that a stranger from 5 years ago can show up and force my family into DNA testing, furthermore, if I'm found not to be the father, how can I stop him from taking my son. I would think his lack of visitation should be enough to end this but I'm growing concerned as I have a lot on the line.


Asked on 10/01/13, 3:24 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You need to consult with a family law attorney in person who is thoroughly familiar with California's laws regarding paternity. A voluntary declaration has the same effect as a judgment of paternity, but it can be set aside through several narrow procedures, and there are time limits. I cannot tell from your post when the Voluntary Declaration of Paternity was signed, but it may be too late to set it aside by another man claiming to be the biological father. Paternity in your situation is key, because visitation and custody cannot be awarded to someone who does not establish paternity.

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Answered on 10/01/13, 5:40 pm


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