Legal Question in Family Law in California

Paternity Law in California �

Does anyone know the statue of limitations for contesting paternity under these circumstances: Child (C) was conceived 5.75 years ago in NC. The bio father (BF) was never notified of mom's pregnancy. Mom was with two men prior to conception. She & the other man, both knowing, married & C was born during the marriage. That man signed C's birth certificate & held C out as his own following their divorce 2 or 3 years ago. The legal father (LF) has admitted he knew C wasn't his years ago. Last April, the LF took a home DNA test that showed he was not the BF. The BF was notified of C's existence by mom. A home test showed that he was the BF. Mom sought government aid & the LF was ordered to pay support. Now both are asking for financial support from the BF, who has known for less than one year & lives thousands of miles away. He & C have spent the equivalent of 3 weekends together & have no means of establishing a true bond. C was told of BF, but views LF as Daddy, as do mom & LF. Mom says LF is ''contesting paternity'' but hasn't said if he's filed an action or just refusing to pay support. Can LF contest paternity at this point? C has lived in CA since May, but mom lived with relatives. Can jurisdiction be contested?


Asked on 3/12/09, 1:21 pm

1 Answer from Attorneys
Colin Greene Russakow, Greene & Tan, LLP

Re: Paternity Law in California �

C conceived in NC. Born in NC? And BF in NC then and now? No connection to CA? M moves with C to CA in May 2008? Does M file action for support or is it filed by County seeking reimbursement for public benefits paid on behalf of C?

BF must take IMMEDIATE legal action.

What the law is in NC I have no idea, it could be that husband non-BF knowingly signing birth certificate is on the hook, and BF has an out. Could be the opposite. Consult a NC attorney.

In CA, look at Family Code �� 7540 and following. If that happened here, husband is presumptively presumed to be the father, on the one hand, but there are ways around that, provided one acts promptly. The paperwork has to be examined.

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Answered on 3/12/09, 7:01 pm


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