[browneyedgirl]

I have been with my husband for 10 years. He has a 15 year old son that I have thought from the beginning did not look at all like my husband but did not question it. Recently my husband questioned it. He said he wanted to do a DNA test. We saved the money up and did it. We used his sons toothbrush ( I know it is not valid in court but my husband had to know). It came out that my husband is not the father!!! We have paid child support directly to the bio-mom and it has never been court ordered. It has been in the DA's office in the past but we are current on child support and it has not been with the DA's office in several years. What are my husbands rights? Since he has been paying for the last 15 years is he legally bond to support this child? He does not have a close relationship with his son since his mom moves him here, there and everywhere. We don't want to open this can of worms if we will not get anywhere. We just got a letter from the DA's office where she lives are we are afraid she is now on welfare and we will have to pay it back. I have not opened the letter but that is my feeling since she was just fired. SORRY so long. Thanks in advance for anyones help.

[rmet4nzkx]

You are correct, that sort of private paternity test is not recognized by the courts. Your husband's options will depend on where the child was born, state as to whether or not paternity can be challenged at this point. Did your husband sign an acknoowledgement of paternity or was he married to the mother? You say there were never any court orders? Has he ever sought a visitation order?

[browneyedgirl]

We live in California and his son was born in California. We have never had to do the court thing to get visitation we have always had visitation. We get him for holidays and summer vacation since she lives several hours away. He did sign the birth certificate but was never married to his sons mom. I think we are stuck and it really stinks that she put this responsibility on a 16 year old!!!!!

[Clair Bonner]

We live in California and his son was born in California. We have never had to do the court thing to get visitation we have always had visitation. We get him for holidays and summer vacation since she lives several hours away. He did sign the birth certificate but was never married to his sons mom. I think we are stuck and it really stinks that she put this responsibility on a 16 year old!!!!!

What makes you think that "she put this responsibility on a 16 year old"? What did "she" do, other than lie? Where was your husband 16 years ago? I'll tell you where; he was right there in the hospital believing every word she told him, that's where! Where was his responsibility to himself?

No one was holding a gun to your husband's head 16 years ago, forcing him to sign the "Acknowledgment of Paternity" and then the Birth Certificate! All he had to do was say, "No, I'm not signing and if you want to, take me to court!" But no, he abrogated his own rights, believed what she said, and signed everything they put in front of him! There's always two sides. Unfortunately for him, mine is the "legal" side, and the side that counts.

And then, to add insult to injury, he failed to seek a court-ordered determination of his rights of paternity in a court of law within 2 years of the child's birth! Now, it's far, far too late to start questioning anything and, as far as the State and County is concerned, that 16 year old child is your husband's lawful child. So, who had the "responsibility"? Here's a clue: Not her.

[browneyedgirl]

So it does not matter that my husband was a minor at the time? We figured that he would still be responsible even if the results came back that he was not the father. He has continued to pay the child support since we found out the results over a year ago. Just wondering what his rights are since it seems as though she may be trying to open a case on my husband through the DA's office even thought we pay her directly. Thanks for the advice. He was just kid when this happened and she was in her 20's but I guess statutory rape doesn't apply to boys?!?!?!? His parents didn't press charges cause she was pregnant! I do in a way blame his parents for not stepping in but you can't change the past just go forward. I guess we will drop it!!

[Clair Bonner]

So it does not matter that my husband was a minor at the time? We figured that he would still be responsible even if the results came back that he was not the father. He has continued to pay the child support since we found out the results over a year ago. Just wondering what his rights are since it seems as though she may be trying to open a case on my husband through the DA's office even thought we pay her directly. Thanks for the advice. He was just kid when this happened and she was in her 20's but I guess statutory rape doesn't apply to boys?!?!?!? His parents didn't press charges cause she was pregnant! I do in a way blame his parents for not stepping in but you can't change the past just go forward. I guess we will drop it!!

All of your questions are moot. I agree with your last sentence because when it comes to a child, a parent doesn't have to be an "adult" to sign an Acknowledgment of Paternity and a Birth Certificate. The State is very sticky that way, always wanting its children to be supported, no matter the age of the parents.

[rmet4nzkx]

All of your questions are moot. I agree with your last sentence because when it comes to a child, a parent doesn't have to be an "adult" to sign an Acknowledgment of Paternity and a Birth Certificate. The State is very sticky that way, always wanting its children to be supported, no matter the age of the parents.

Clair, if you are going to answer California questions, please make sure you have your facts straight as they pretain to the statutes, while it is true that CA has a 2 year limitation to disestablish paternity, this is currently being liberally interperted to mean, within 2 years of discovery, at 16 this child was born prior to when AOP became available, signing the birth certificate as a minor does not establish paternity. OP husband can petition the court to dis/establish paternity if and or when DCSS contacts him for support.

CA Family Code section 7571. (a) On and after January 1, 1995, upon the event of a live birth, prior to an unmarried mother leaving any hospital, the person responsible for registering live births under Section 102405 of the
Health and Safety Code shall provide to the natural mother and shall
attempt to provide, at the place of birth, to the man identified by
the natural mother as the natural father, a voluntary declaration of
paternity together with the written materials described in Section
7572. Staff in the hospital shall witness the signatures of parents
signing a voluntary declaration of paternity and shall forward the
signed declaration to the Department of Child Support Services within
20 days of the date the declaration was signed. A copy of the
declaration shall be made available to each of the attesting parents.

[Clair Bonner]

[QUOTE=rmet4nzkx;57711]

Clair, if you are going to answer California questions, please make sure you have your facts straight as they pretain to the statutes, while it is true that CA has a 2 year limitation to disestablish paternity, this is currently being liberally interperted to mean, within 2 years of discovery, at 16 this child was born prior to when AOP became available, signing the birth certificate as a minor does not establish paternity. OP husband can petition the court to dis/establish paternity if and or when DCSS contacts him for support.

I beg to differ with you. I notice that you haven't backed up your opinion with any authority. Here's the law on the subject.

"Voluntary declarations executed before 1997 give rise to a conclusive presumption of paternity that has the same effect as a Calif. Family Code section 7540 paternity presumption [See Calif. Family Code section 7576; In re Liam L. (2000) 84 Cal.App.4th 739, 744-745, 101 Cal.Rptr.2d 13, 16 & fn. 6]

Also, a court-ordered set-aside of the declaration based upon genetic tests results in any action to determine the existence or nonexistence of the father-child relationship under Calif. Family Code section 7630, or in any action to establish custody, visitation or child support based upon the voluntary declaration (a genetic tests motion by a local child support agency, the mother or presumed father must be brought within two years of the child's birth). [Calif. Family Code section 7575(b)]

[rmet4nzkx]

[QUOTE=Clair Bonner;57717]

I beg to differ with you. I notice that you haven't backed up your opinion with any authority. Here's the law on the subject.

"Voluntary declarations executed before 1997 give rise to a conclusive presumption of paternity that has the same effect as a Calif. Family Code section 7540 paternity presumption [See Calif. Family Code section 7576; In re Liam L. (2000) 84 Cal.App.4th 739, 744-745, 101 Cal.Rptr.2d 13, 16 & fn. 6]

Also, a court-ordered set-aside of the declaration based upon genetic tests results in any action to determine the existence or nonexistence of the father-child relationship under Calif. Family Code section 7630, or in any action to establish custody, visitation or child support based upon the voluntary declaration (a genetic tests motion by a local child support agency, the mother or presumed father must be brought within two years of the child's birth). [Calif. Family Code section 7575(b)]

Your citation only applys to AOP signed from 1-1-1995 on, not before, and I cited CA Family code 7571. Prior to that date placing a name on a birth certificate does not establish paternity. The father was a minor and victim of statutory rape and could not file to challenge paternity without his parents signature within the 2 years. He can challenge paternity under current law.