Legal Question in Family Law in California

DNA testing/Child support

My boyfriend recently was told he had fathered a 5yr old child. There was never any mention that the child might be his previously. The mom was married to another man shortly after the kid was born and we believe his name is on the birth cert. The couple is now in the process of divorce and the mom has come after my b-friend for child support. My b-friend submitted to a DNA test, which was postive. The husband first wanted back child support, but seems to have removed himself from the situation, however the mom is now saying she wants child support. Does my b-friend have any rights? He doesn't feel obligated, he doesn't really know the child. Do ''presumed father'' laws apply? Is DNA admissable in CA court?

Asked on 7/29/03, 3:53 am

2 Answers from Attorneys

Patrick McCrary Law Office Of Patrick L. McCrary

Re: DNA testing/Child support

There is an issue of presumed father, as well as an issue of paternity by estoppel. Your boyfriend should have sought legal advice before any DNA test, because there may not have been a right to have the test, but now the test can be used in a court to prove paternity. Get an attorney now before more damage is done. Good Luck, Pat McCrary

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Answered on 7/30/03, 2:15 pm

Dieter Zacher Law Offices of Dieter Zacher

Re: DNA testing/Child support

He can contest paternity. Although DNA is admissible to prove parentage. However, he can attempt to argue that the husband is the father recognized under the law. Make sure to respond to any and all papers filed by the mother or child support services in a timely manner. Otherwise, he will lose rights. You should really hire a lawyer.

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Answered on 7/29/03, 11:32 am

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