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  1. #1
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    Aug 2011
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    Default Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agrees

    My question involves paternity law for the State of: California

    My son was told by an old girlfriend that she is pregnant. They resumed the relationship because of the baby. We find out later she is not 14 weeks pregnant but 3 weeks. The relationship takes a tumble. The baby is born and it becomes a court issue to get visitation. My sons name is on the birth certificate as the father of his son. Over two years later and 3 years of harassment and torture, she tells him he is not the baby’s father. To remove her latest tool to hurt him we have a test done to prove that he is the father. To our horrific surprise he is not the father. Now what? Does he have legal rights? If he is removed as the boy’s father does the mother have to repay all the money he has paid? Better yet is there any chance we could get custody of the child since she is unstable even though he is not the biological father but the legal father.
    Should we have the test redone? how reliable are they?

  2. #2
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    Apr 2009
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    Default Re: Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agre

    He's the child's legal father - he can file for custody and/or visitation regardless of whether he's the biological father or not.

    If it turns out that he's NOT the biological father (ie, if a court disestablishes his paternity) he cannot get back any child support. He had every chance to demand a paternity test when the child was born.

    You cannot get custody at all. Your son can, if he can show that Mom is unfit, perhaps get custody. So, how is she unfit?

  3. #3
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    Aug 2011
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    Default Re: Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agre

    When I say WE I meant my son not me. Since my son and the rest of us are a family who take care of each other I refer to us as we, a team a family. So I will restate my question. If she was unfit, and my son is legal father but the DNA father could he get custody? How unfit is she? she is emotional unstable, medicated, with a history of suicide attempts. Unfortunately I do not have proof of her medical history. Also yes he could have requested the test at birth. Should have. But he was caught up in the love he felt for the child he thought was his.

  4. #4
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    Default Re: Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agre

    Yeap, if Mom is unfit there's a good chance Dad can get custody.

    But please realize that the legal standard of acceptable parenting is perhaps depressingly low.

    She's emotionally unstable? Well..who isn't, from time to time? She's on medication - that suggests she's getting treatment for instability. When she was attempting suicide, what did your son do at the time?

  5. #5
    Join Date
    Aug 2011
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    4

    Default Re: Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agre

    From what I was told, she took a bunch of pills from her dieing stepfather. Her mother found her. My son was not in the picture at the time. I don't know any details on the second time.

    I am worried about my grandson. The only peace I have is that his other grandma and two teen age cousins live with him.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father on the Birth Certificate, 2 Years Later Told Not the Father, DNA Test Agre

    Mom isn't unfit, and the child isn't at risk.

    Your son appears to have no case to change custody at all.

    What is HIS goal?

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