Legal Question in Family Law in California
if the father takes a dna test and finds out child is not his, then files a cancellation of declaration of paternity; will he still have to pay child uspport? we're in california, (also the child is 5 years old).
how would he go about filing the paperwork once teh dna test proves he's not the father....father would still like to be involved in child's life, but questions if he would still have the obligation of child support. please help!
1 Answer from Attorneys
He is very late in trying to cancel the declaration of paternity. There is a significant likelihood that the petition would simply be denied even with the dna evidence. The court could also find him to be a putative father and so the withdrawal of the declaration would be nothing but a formality; the legal rights and obligations would not change.
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