California  |  Family Law

Legal Question

Asked on: 7/27/13, 2:08 pm

I have two children in foster care and just found out I am pregnant. my children were removed because of domestic violence between my childrens father and me. I am not allowed to have contact with their father as terms of my reunification. I am pregnant by their father. Can CWS make me get a paternity test to make sure the baby isnt his?

1 Answer


Answered on: 7/27/13, 2:43 pm by Daphne Macklin

Your question is a little unclear, but if the question is whether CPS may request that the court order a paternity test once your child is born, the answer is yes. If there is a question of contact between you and the father after you were not to have contact as a condition of reunification with your older chidren, then you are at risk of having CPS take your newborn. I recommend that you begin a counseling and recovery program as soon as possible so that if it is confirmed that the children have the same father, you will be able to represent to the court that you are taking steps to end the relationship and keep all of the children out of harms way. Good luck with this.


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Law Office of Daphne L. Macklin P.O. Box 661702 Sacramento, CA 95866

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