Legal Question in Family Law in California

I currently got a case filed against me with DCSS (california) for child support the mother of this child i slept with 5 years ago she was married she found out she was pregnant and i tried to be part of the pregnancy she insisted i wasnt the father she physically and verbally abused me out of her life and not to enter ever again the husband sign the childs birth certificate. A short time later i met my girlfriend who 2 years of dating we had a little girl together. Now the girl who i slept with 5 years ago seperated from her husband and was getting child support from him he requested a dna test which found him not the father. they are still legally married but going through a divorce. Now she gave DCSS my name and i had to take a dna test finding out i am the father. this girl has my life all messed up i can not afford to support another child i bearly can afford the one i have i never even met the kid. this situation is not right i tried to be there she didnt want me to she knew there was a possibly but i wasnt working and didnt have money at the time now she knows im working she wants money, for a child she once beat me to get out of her life for and that i never met.

Asked on 6/28/13, 12:51 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

The main question I think an attorney would have in this situation is the "when?" By the when, I mean when were the DNA tests ordered. California recognizes what is known as the Roman Law presumption, which is set forth in Family Code section 7540. “Except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.” (Fam. Code § 7540.)

Family Code section 7541 provides the sole exception, which is genetic testing. There is a two (2) year time limit on blood testing, however. "The notice of motion for blood tests under this section may be filed not later than two years from the child's date of birth by the husband, or for the purposes of establishing paternity by the presumed father or the child through or by the child's guardian ad litem. As used in this subdivision, 'presumed father' has the meaning given in Sections 7611 and 7612." (Fam. Code., sect. 7541.)

So the when -as in when were paternity tests ordered in the divorce in relation to this kid's birth- becomes important.

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Answered on 6/28/13, 1:00 pm

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