My question involves a child custody case from the State of: California
In 2006 I had a son with my now Ex (Ex "A"). At the time I believed him to be Ex"A"s son. For a while my family told me my son looked quite a bit like my Ex just before him (Ex "B"). I did the math on timing of my pregnancy and found that there is a chance that Ex"B" might actually be the biological father.
I am currently in the mist of a not so pleasant custody battle with Ex "A" over who is going to be school parent, but while this has been going on for months thanks to Ex"A" and his lawyer I have decided to contact Ex"B" and asked him to take a DNA test to determine if he is the biological father. Keep in mind that Ex"A"s name is on the birth certificate and that when we split in 2007 and went threw mediation then the judge established that Ex"A" was his father by way of declaring parentage.
Basically I'm waiting on the DNA results which I will have this coming Monday between myself my son and Ex"B" to determine for sure true biology, but if it is proven Ex"B" is the biological father can I have all of Ex"A"s rights taken away?
Also we have a trial date to begin on Feb 16th for the judge to hear testimony regarding the custody arraignment with Ex"A" do I go threw with the trial?
Does Ex"B"s name have to go on the birth certificate or can it just remain blank?
Can Ex"B" waive his rights to my son?