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  1. #1
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    Nov 2015
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    Default Disputing Paternity of a Child After Separation

    My question involves a child custody case from the State of: California. I have been separated from my daughters mom since my daughter was 2, she is 9 now. It has just been brought to my attention that she might not be mine. My question is if I got a paternity test done and she is not mine and I brought that to the judge what would happen?

  2. #2
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    Default Re: Help

    You were married to the mother at the time of conception and birth? You have never divorced? There has never been a custody or support order in effect?

  3. #3
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    Default Re: Disputing Paternity of a Child After Separation

    No never married and yes there is a child support court order

  4. #4
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    Default Re: Disputing Paternity of a Child After Separation

    Quote Quoting mnm4life
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    No never married and yes there is a child support court order
    You're going to have a very tough time trying to get paternity overturned at this point. With that being said, when was paternity established? 7 years ago, when the child was 2?

    - - - Updated - - -

    (Read this anyway: http://www.courts.ca.gov/1202.htm )

  5. #5
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    Default Re: Disputing Paternity of a Child After Separation

    Paternity was never established but I was the one who signed the birth certificate if that matters

  6. #6
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    Default Re: Disputing Paternity of a Child After Separation

    Paternity was established when you completed the acknowledgment of paternity form and were placed on the child's birth certificate as her father. It was reaffirmed when the support and custody order was entered.

    To the extent that a court does not regard you as estopped from disputing paternity by virtue of the prior custody/support case, even if DNA testing disproves paternity the court can nonetheless deny any motion to disestablish paternity based upon the best interests of the child. In the absence of somebody else who is prepared to step up to the plate as father, be it the actual biological father or stepparent adoption, I would view your case as a long-shot. If you are considering trying to disestablish your paternity I suggest discussing your situation in detail with a family lawyer.

  7. #7
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    Default Re: Disputing Paternity of a Child After Separation

    You also might want to think about what the person that brought to your attention that the child might not be yours has to gain from all of this ? Why keep their mouth shut for 9 years ? Is it someone that isn't happy that you're paying child support ? Do they know the mother well enough to know if there were others that could be the father ? They must have been watching Mom 24/7 over 9 years ago to know this info.

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