Legal Question in Family Law in California
My son is a year and 7 months. When I got pregnant it was a possibility that the baby belonged to one of two men. One of the men said there was no way it could be his and left. The other (my boyfriend) stayed with me and signed the birtb certificate as well as declaration of paternity and has raised our son. Now the other man came forward and wants a DNA test. I told him that I would not agree to one and that my boyfriend is legally his father and has raised him and bonded with him. Can the other man get a court ordered DNA test and take me to court for custody? Is there a 2 year window from my son's birth for the man to complete this action or does he have a longer time frame?
1 Answer from Attorneys
The court may set aside the Voluntary Declaration of Paternity based on genetic testing, unless it finds that setting aside the Voluntary Declaration of Paternity is not in the best interests of the child. (Fam. Code, � 7575, subd. (b)(1).)
The time period to do this is two (2) years from the date of the child's birth. �The notice of motion for genetic tests under this section may be filed not later than two years from the date of the child's birth by a local child support agency, the mother, the man who signed the voluntary declaration as the child's father, or in an action to determine the existence or nonexistence of the father and child relationship pursuant to Section 7630 or in any action to establish an order for child custody, visitation, or child support based upon the voluntary declaration of paternity.� (Fam. Code, � 7575, subd. (b)(3).)
The issue that I see is whether or not a man alleging himself to be the father - who does not meet any statutory definitions of a presumed father- could bring an action as a "parent" under Family Code section 7630.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
