Legal Question in Family Law in California

Hello . is there a specific form for me ?? please help me asap!!!
im in california , i am pregnant. and the father "says " that it isnt his... i am 1000 percent it is... so i want a prenatal paternity test to be taken. i want him to be served with papers that basically order him to get a paternity dna test. i dont necessarily need the court to order them because that will take some time... i wanted to just have him served with the papers because i think that will scare him into just taking the test. i dont care if i have to pay for the test... i just need the proper form and i cant seem to find the correct one... i think the form i need is called" the prenataal declaration of parentage form????? please send me a link to the correst form or tell me what the correct name for the form is..... thanks !!!

Asked on 4/10/11, 10:41 pm

2 Answers from Attorneys

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Sorry, but there is no such form. There is a form by which you both can jointly agree he is the father, but that doesn't sound like it even comes close to what you need. The bottom line is that there is nothing you can do to compel him to take a test or in any other way to answer for the child, until it is born. I don't mean to scare you or bring up bad thoughts, but too many pregnancies do not result in live viable births for the courts or the law to get involved until there is a live, eating, breathing, waking, sleeping, crying (pooping, peeing) baby. Further more, you DO necessarily need the court to order the test. Unless he voluntarily wants one, the court must order it. And for it to be binding, it must be part of a court proceeding to establish paternity. So again, sorry, but there is no simple way to do this if he will not cooperate. The only way to do it by law is to have the child and then get a court order for a test as part of a paternity proceeding.

Answered on 4/11/11, 1:46 am

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