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  1. #1
    Join Date
    Apr 2011
    Posts
    2

    Unhappy Paternity Test

    My question involves paternity law for the State of: California

    My sons father was no were in the picture throughout my pregnancy. He claimed he wanted to be involved in his sons life but when doctors appointments came and went he was no where to be heard of. He broke up with me on the night I told him I was pregnant and claimed he disappeared because we needed distance from eachother. When my son was born I finally heard from a family friend (whom is an attorney) that they would like to set up a meeting with me regarding my son and getting us to a clinic to get a paternity test. Right away I was against it. Upon not agreeing he filed with the courts fabricating a lie that "I made conflicting remarks about the paternity of m son." I was both very upset and hurt by this lie. In addition, once he establishes paternity he would also like to have my sons name changed. My question is now this: Can I fight the paternity yest as well as the name change?
    I also recieved an email from him stating that he would like to settle this out of court if I meet him at a paternity clinic. I do not know if this is a smart idea and if it will affect me in any way and if I shoudl prepare myself with an attorney.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Paternity Test

    He has every right to petition the court (and actually that's the smart thing to do) and request a DNA paternity test. If proven to be the father, he can request that the child's name is changed to his; if you disagree the court will often order the child's last name be hyphenated.

    In all honesty, court orders protect ALL of you. Dad only has your word that he's the father - he's smart to request the DNA test. Is there any particular reason you wouldn't want to be protected by a legally binding action?

  3. #3
    Join Date
    Apr 2011
    Posts
    2

    Default Re: Paternity Test

    I have no problem doing the paternity test and since I have to I will. I believe the problem that I have with the whole paternity issue is him claiming Ive made "conflicting remarks" which is totally untrue and that fact that it seems like there is a qustion that someone else could be the father making me seem like I was unfaithful and easy.
    My son already as a hyphenated name. He has m fathers last name and my last name (my father is my stepfather and has been the only father ive known)
    I really dont know if we should try and resolve this out of court through a clinic or through court?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Paternity Test

    What I meant was that Dad will likely be able to have kiddo's name hyphenated to included HIS last name

    Any name change would only be legally binding if done through the court. You can stipulate (agree) with dad and submit the paperwork yourselves, or if you disagree Dad will have to file himself and the Judge will decide.

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