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  1. #1
    Join Date
    Jun 2010
    Posts
    5

    Default California Parentage Law

    My question involves child support in the State of: California

    Sorry about the Soap Opera...

    My boyfriend (we'll call him "K") broke up with me and I got back together with a former boyfriend (we'll call him "A"), but it only lasted a month, because "K" changed his mind. I found out I was pregnant and told both men. "A" wanted to get married, but I didn't love him. I married ("K") four months later. After the child was born, a DNA test was performed and "A" was found to be the father and ordered to pay child support. "A" also signed a stipulation agreeing that he was the father. "K" and I divorced two years later.
    Present time and TEN years later, "A" is trying to get out of his child support by saying that "K" adopted the child (he never did) and that "K" has been supporting the child all her life (he hasn't since we divorced) and that "K" has claimed the child is his (he hasn't, everyone knows the truth).
    The "proof" that "A's" attorney is using is the original Birth Certificate where I named the man I was married to ("K") as the father, because I didn't know who it was until the DNA test was performed (when the child was about 6 months old).
    I need to "Adjudicate Facts of Parentage" something I know I should have done a long time ago. According to the Department of Public Health I need to "petition the court" to make the change, but I don't know how PLUS I no longer live in California.
    Thank you for any and all help!

  2. #2
    Join Date
    Dec 2007
    Posts
    529

    Default Re: California Law Re: Parentage

    I am not 100% sure, but because "K" was the husband when your child was born, he is automatically considered the father. I am pretty sure that what "A" argument is, and if that the case he might be right, if you were pregnant after you were married, but you weren't. But none of this matters because "A" was ordered to pay, so I would be shocked if he can get out of it. It is too late for his argument. If he had one at all. Once the father has been determine and the court has someone paying, there is pretty much nothing anyone can be do to change the courts mind.

  3. #3
    Join Date
    Feb 2008
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    In the middle of nowhere
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    163

    Default Re: California Parentage Law

    Quote Quoting ChristeeBee
    View Post
    After the child was born, a DNA test was performed and "A" was found to be the father and ordered to pay child support. "A" also signed a stipulation agreeing that he was the father. "K" and I divorced two years later.
    Yup!
    1 He was found to be the father
    2. He was ordered to pay CS/ I assume by a judge/
    Thus he is proven as a father and he must be esstoped to bring that action.

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