My question involves paternity law for the State of: California
A few days ago, my ex-girlfriend appeared in court for a hearing she was subpoenaed for to be ordered to go to Child Support Services to provide genetic samples of her and the infant son she has been claiming since her pregnancy I'm the father of. The judge dismissed the case when the DA representing Child Support Services revealed that someone had recently signed a Declaration of Paternity. The judge also took into consideration the results of a non-legal independent genetic test I had done without my ex's knowledge at the time by obtaining cheek swabs of the child and myself and sending them off to a lab through DNA Identifiers several weeks ago. The results showed that there was a 0% chance that I was the father. When I confronted my ex with the results a few weeks ago, she adamantly stated that the results were wrong, sweared on the child's life that I was the father, and that no one else could possibly be the father. A rep from DNA Identifiers reassured me that there were no errors made on their part and that the cheek swabs I sent were not contaminated and had enough DNA to process. Even after all this, my ex still would not let it go that I was the father, so I was hoping that more testing from Child Support Services would either challenge or corroborate the results of the testing I had done.
However, when the case was dismissed, that meant that no other testing would be done. My ex is claiming that I'm still the father, but that she was able to convince some other guy to sign the Declaration of Paternity so that I can't establish parental rights anymore. From the beginning, I have had doubts as to whether or not I may be the father of the child considering I found out 3 months into her pregnancy after we had ended our relationship a few months earlier and had no physical contact since then. I remained in contact with her during the pregnancy to try to convince her to have a genetic test done after the child was born, but she made it clear that she did not want me to have any parental rights, so she was not going to cooperate with me. After the child was born, I opened a case with Child Support Services to find out whether or not I really was the father and to establish my rights if I was. She had refused to cooperate with Child Support Services on the testing, so she was subpoenaed to appear in court a few days ago which is when the DA revealed that someone had recently signed a Declaration of Paternity.
My ex has agreed to do another genetic test to prove that the first test I had done is wrong but will only agree to do it if it is non-legal because she doesn't want me to use these results to try to establish parental rights again. She claims that she had someone else sign the declaration because she is afraid that I will take the child away from her someday if I establish my parental rights. I have never threatened her with the intention to ever do that. At this point, I am still doubtful that I could be the father since the test I already had done has yielded results that prove it and the child looks nothing like me, but I am willing to do another test with a different lab to see what the results will be.
My question is...if the results come back positive, do I stand a favorable chance at winning my parental rights if I choose to take this to court considering that someone else has already signed the Declaration of Paternity even though she is claiming that person is really not the father?