[AYM31]

My question involves paternity law for the State of: California

A little more than 15yrs ago an ex-girlfriend told me she was pregnant and that the father of the baby could be any one of three people (including me). She then ran off with a man in the military and had a quick wedding. She eventually divorced him after the boy was born and apparently re-married some years later (which then also ended in divorce).

During this time she never contacted me nor I her since I had no real knowledge of her whereabouts. Recently I discovered that she had returned to our area some time ago and ran accross a photo of her son, now 15, and the resemblence to myself and my children is almost unmistakable.

I have been married for almost 13 years and have other children. My wife and I have a desire to reach out to her to determine if in fact I am his biological father. My questions are these:

1) If in fact we do paternity testing, and it is positive, what is my liability for child support, retroactive that is?

2) Is retroactive child support in cases like this automatic?

3) What if the mother refuses to do any paternity testing?

Keep in mind that my intention is not to harm the child in this process. I only wish to explore my options.

Any feedback/direction would be greatly appreciated...thanks.

[CourtClerk]

1) If in fact we do paternity testing, and it is positive, what is my liability for child support, retroactive that is?

Goes back to the date of filing.

2) Is retroactive child support in cases like this automatic?

See the answer to #1

3) What if the mother refuses to do any paternity testing?

File a paternity suit in the county in which mom and child live. She will be court ordered to submit herself and child to testing.

Keep in mind that my intention is not to harm the child in this process. I only wish to explore my options.

Then you better think this out clearly. Popping into some 15 year old child's life is GOING to cause some.... issues to say the least.

[Xena]

Goes back to the date of filing.

See the answer to #1

File a paternity suit in the county in which mom and child live. She will be court ordered to submit herself and child to testing.

Then you better think this out clearly. Popping into some 15 year old child's life is GOING to cause some.... issues to say the least.

CC, apparently the mother was married when the child was born. if so, wouldn't the OP first also need to find out if the child already has a legal father?

[CourtClerk]

It wasn't clear to me in the post WHEN the marriage took place. Only that she ran off with some military man and eventually got married.

Paternity establishment in CA wasn't so labor intensive as it is today. Up until about 13 years ago, a woman could name ANYONE (including Aaron) on a birth certificate, with no acknowledgment from the man. This child is 15, which means not only was an AOP never signed by anyone, they didn't even EXIST back then.

Nevertheless, nothing stops him from suing her in family court and having the court order a paternity test.

[AYM31]

Thanks for the information. CC, the marriage to the man in the military occurred a month or so after she left, while she was pregnant. The divorce from this same man took place before the childs 3rd birthday.

This marriage I just noted occurred in late 1993.