Legal Question in Family Law in California
my husband had a one night stand with a coworker 12 years ago and the woman got pregnant. She did not tell him about the child and named another man the father. They never married. She told my husband of the child 2 years ago but will not allow him any visits and refuses to take a dna test unless he divorces me and our own children. Can my husband demand a DNA test from the court?
2 Answers from Attorneys
More to the point, why is he still in contact with her? You really don't want or need this child, or a child support lawsuit, in your life. She may well be lying about your husband being the father.
He can demand it, but he can also block it. If someone else has been held out to be this child's father, for this long of time, the court is not going to break up that bond now. There is a doctrine called parentage by estoppel, and the court may find that someone else is the presumed father.
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