My question involves paternity law for the State of: California
I was legally married at the time my child was born however the child is not his and we are now officially going through the divorce process. I am aware that under CA law the child is considered my legal husband's unless I can establish paternity with the actual father within the first two years (my child is 5 months old). The only name on the childs birth certificate is mine.
My goal is to establish paternity with the actual father and have him relinquish his parental rights as he has only seen the child the first day he was born. In reading several posts in this forum I know that even if he relinquishes his rights he may still have to pay child support. I paid for an outside, court admissible DNA test for the actual father to submit to so that we did not have to go through the court system (he did not want to be involved and I do not want child support from him) however he has not been cooperative and has failed to take the test. I am aware my next option is that I have to take him to court.
My questions are:
1. If he submits to the DNA test willingly and paternity is established do we still have to go to court to prove that my husband is not the father?
2. If he will not relinquish his paternal rights can I get his rights revoked because he is unfit? (several DUI's, time in jail, abandoment)
3. In my will, if I list my mother to receive custody of my child should anything happen to me would that be legal or would the actual father get custody even though he hasn't been involved in the child's life?
4. If the actual father and I agree that he pay NO child support and have no visitation would the court accept that?
This is a complicated one and I know I should hire a lawyer but frankly I don't have the money. My main goal is to be sure that my husband is not responsible for the child and that the actual father not have rights to my child in case something were to happen to me.
Thank you for any advice you can provide.