Legal Question in Family Law in California
Woman claiming a man as the child's father
If a man is accused by a woman that he got her pregnant and he know he did not: 1. Does he have a legal right to have the baby tested after birth whether the mother agrees or not?
2. If the woman uses his name as the father on the birth certificate or uses his last name for the baby, does that automatically make him responsible?
1 Answer from Attorneys
Re: Woman claiming a man as the child's father
IF THE MOTHER WOULD NOT COOPERATE TO DO A GENETIC BLOOD TESTING, THEN YOU HAVE THE RIGHT TO OBTAIN THAT BY A COURT ORDER. YOUR LEGAL OBLIGATIONS AND/OR RIGHTS WILL ESTABLISH ONCE A COURT FINDS THAT YOU ARE THE FATHER OF THE MINOR CHILD. HOWEVER USE OF THE LAST NAME AND DESIGNATION OF YOUR NAME ON THE MINOR'S BIRTH CERTIFICATE DOES NOT ESTABLISH THAT YOU ARE THE FATHER. YOU WILL NEED TO FILE A COMPLAINT THAT IS REFERRED TO AS A PATERNITY ACTION TO OBTAIN A COURT ORDER FOR A GENETIC BLOOD TESTING. ONCE THE RESULTS RECEIVED AND THERE WAS A FINDING THAT YOU ARE THE FATHER, THEN YOUR OBLIGATIONS AND RIGHTS WILL ARISE. IF YOU NEED A FREE INITIAL CONSULTATION YOU MAY CONTACT ME AT 310-839-7700.
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