[bettermominKY]

My question involves paternity law for the State of CA. 6 years ago, my husband was informed that he had a son from a previous 2 month relationship while he was stationed in CA. The child was about 2 when my hubby was notified. He had a DNA test done that said he was the dad & then he signed (along with the mother) a CA Decl. of Paternity. The DNA test he got he believed to be legit (mom handed it to him at the clinic), but his name was never added to the birth cert. He has exercised ongoing payment of child support and regular visits to KY, where we live. In Feb 08 mom was incarcerated for fraud, and we have since taken custody of his now 8 year old son and we reside with him in KY.

Since baby momma was released a couple of mos. ago, our legal battle has gotten nasty & she made a comment to someone else that my hubby was not the father. We did a home dna test and found out this was the case, but both of us want custody of his son & will raise him in our loving family.

I am seeing that CA has a 2 yr statute of limitations to protest paternity & we still want to raise his son rather than remove our responsiblity, but based on a forged DNA test, what should we do? We first are concentrating on permanent custody and to change his son's last name to ours, and we have a pretty clear case of parental neglect by mom. After perm. cust. is decided, we were planning on trying to prosecute the mother for fraud and perjury, since she signed the Dec. of Paternity under penalty of perjury and in her efforts to win custody back, she requested to the judge that my husband submit to a dna test, which to me says GUILTY all over it of knowing beforehand that my hubby was not the bio dad.

From what I can tell, it looks like paternity fraud victims (especially dads & kids) are in a horribly unjust situation. I can't find a resource for non-bio dads who want to keep being fathers to their children. Can we still prosecute for her crimes of forgery/fraud/deception/theft? It appauls me that she could do this to such a wonderful father & son, and essentially she has defrauded the military, my hubby's employer and my hubby's family with her lies, not to mention her own son. Please help!

[distressedmom]

If you want custody of the child, then you will have to go to court. By signing the CA Declaration of Paternity, your husband acknowledged he was the child's father. It holds the same weight as a court order. She should have had the birth certificate amended at the same time. You need both mother and father's signatures to do that in CA.

You can make a compelling case to the court because the child has received support and this is the only dad that he knows. Now, I am not sure where the court documents need to be filed. Its not clear the child has residency in KY or CA. An attorney will need to help on this one. Good luck.