How to Find Out if Child Really is My Boyfriend's Child
My question involves paternity law for the State of: California.
My bf's ex-girlfriend has been claiming that she gave birth to my bf's son. He is supposedly 2.5 yrs old... she also says that she gave him up in a closed adoption.
She is very un-cooperative and is not giving proof of any kind to my boyfriend. Nothing she says about this situation makes sense, but we would like to find out if this child really is his.
What can we do?
If we need a lawyer, what kind do we need to look for? I called a family lawyer today and was told that they weren't the kind of family lawyer for this situation.
We just really want to find out the truth so we can move on from this.
Thank you to anyone that responds :o
Re: How to Find Out if Child Really is My Boyfriends Child
In the face of a finalized, closed adoption?
Nothing.
Even if you were able to track this child down, the courts would not upend his life just to make your boyfriend feel better, in particular if your boyfriend's motivation is simply "just so I'll know".
Re: How to Find Out if Child Really is My Boyfriends Child
It would be interesting to know who was identified as a likely father in the adoption proceedings and what effort was made to notify the identified man (or men) of the proceedings. If your lawyer can find a way to attack the adoption process it might be possible to obtain a DNA test, but if the adoption process was followed properly I wouldn't count on things going further. It's possible that (a) you're not the biological father and your ex is yanking your chain, (b) notice was properly given to you but, for some reason, it was in the form of constructive notice due to your location being unknown or you did not understand what you were given, (c) at this point are we even sure there was a baby?
Quote:
Quoting California Family Code, Sec. 9102.
(a) An action or proceeding of any kind to vacate, set aside, or otherwise nullify an order of adoption on any ground, except fraud, shall be commenced within one year after entry of the order.
(b) An action or proceeding of any kind to vacate, set aside, or nullify an order of adoption, based on fraud, shall be commenced within three years after entry of the order.
Re: How to Find Out if Child Really is My Boyfriend's Child
Thank you both for your replies.
Mr. Knowitall,
That is what he/we want to find out... was there a child at all. We don't know if she's just yanking his chain, but he doesn't want to have a child in the world and never given a chance at all to be a father.
I believe she's just playing a game, but for piece of mind, he would like to know.
I was just wondering if there was anything he/we could do to find out the truth.