Legal Question in Family Law in California

i was told from an ex that the baby she had was mine, after the baby was born she told me it was someone elses, now i am hearing from sources that she lied and the baby is mine, i dont know if i should get a court order for dna test or not


Asked on 3/10/12, 8:32 pm

2 Answers from Attorneys

B. Stuart Walker Law Office of B. Stuart Walker

The only way for you to legally determine if you are the legal father is to file a paternity petition. Assuming: 1. You were not married to the mother. 2. You are not on birth certificate and did not sign and acknowledgement of paternity.

In your paternity petition, the court will probably order a DNA test. The outcome you would be looking for in your paternity suit would be either: you are not the father and have no obligation for child support; or, you are the father and may be obligated for child support and are entitled to custody/visitation time with your child.

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Answered on 3/10/12, 9:21 pm
Michael Schneider Family Law Center

Along with your Paternity action, you will need to file an Order to Show Cause in which you will ask for DNA testing. In that action, be advised that you can also seek to have custody and/or visitation with the child. But, along with custody will also come the obligation of child support. Good luck!

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Answered on 3/12/12, 10:59 am


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