Legal Question in Family Law in California

Hello, I had a paternity question. I have had intimate relations with a woman (~2 nights) after moving during a few random get-togethers I had hosted. Shortly after she stopped coming over all together. That was the last time I saw her. About 2-2 1/2 years after that, I had heard through the "grape vine" she had a child, not knowing it could be mine as she never informed me or kept in contact. Now in total being 5-6 years after relations in what seems almost out of the blue, she is now approaching me with wanting a paternity test, which I am willing to submit. However I fear what she might be inquiring, say the test is positive. My question is what legal ramifications can I prepare myself for in the event I am the father? If she decided to try and take me to court over the issue would I owe back pay? What can she legally ask of me? Thank you for your time.

Asked on 9/16/13, 10:42 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Home paternity kits are not admissible, however if the home paternity test excludes you, she may not file a paternity action against you. If you were found to be the father by the court, you would owe child support only back to the petition that was filed against you, or the service of the petition if the petition was not served on you within 90 days after filing the petition. (See Family Code section 4009.)

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Answered on 9/16/13, 10:53 am

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