Legal Question in Family Law in California

Re: Can the State Come After Me For Child Support?

You need to get into court and have the court order that the birth certificate be set aside. Otherise, The DA Family Support Division will probably keep coming you. Obligations concerning support can also arise even if you are not the biological father if you continue to act as his father when you know that you are not the "real" father. This is a tricky situation and you need to be careful. If you want, you can call me for further consultation.

Adam N. Gurley

415.334.8439

Re: Can the State Come After Me For Child Support?

It will depend upon other factors, in addition to the facts that you gave us. If you are on the birth certificate because you signed a declaration of paternity of paternity, then you must rely on a genetic test to establish that you are not the Father. If your paternity test fit the criteria of Family Code Section 7551 you can be rule out as the Father, otherwise you are past the 2 year statute to request a blood test and it can be done only by stipulation of all parties. The DA can also establish paternity by estoppel, which means since you have held the child out to be yours you cannot now deny him to be your child. Warning: If you are found not to be the Father you are also not the Daddy and you have no rights to the child, as well as no obligations. If you want to continue being the Daddy, then get a custody order giving you joint custody and establishing the child sharing as a court order. You sound like you are doing the right thing for the child, and in 20 years you will realize that you are doing the right thing for you (if you haven't reached that decision yet). Talk to an attorney to make the right legal decision, but the tougher decision is a personal decision. Good luck, Pat McCrary