My question involves paternity law for the State of: California
My question is actually two parts.
Background: I dated someone for two months during the summer until I learned he was an alcoholic with supposed ties to the mafia (could be all talk). I have seen a very violent side to him (he's got restraining orders against him, he's been to prison for attempted murder, etc.) and wanted nothing more to do with him. When I met him, I informed him that I was not on any form of birth control because I am "allergic" to the hormones. I already have 5 children. He swore to me he had a vasectomy (I have proof of his claim in email and text messages).
The last time I was intimate with this psycho was August 3. I had a period on August 17. I started seeing someone else (an ex) and we were intimate on August 25. I found out I was pregnant on September 11.
According to all fertility/ovulation/conception charts & calculators, I should have concieved between the 25th & 28th so my ex and I assumed it was his (and sonograms all confirmed my conception date as did my doctors). However, just to be sure, he paid for a DNA test that was performed when I had my amniocentesis. The results came back that the baby is not his. Unfortunately, at 20 weeks pregnant, I am stuck and am forced to have the baby anyway.
The psycho is avoiding me and keeps telling me he had a vasectomy and leave him alone, etc.
I need to know the following:
Can I force him to undergo DNA testing before the baby is born (since the baby has already been tested), and establish a support order that would go into effect when the baby is born? What I really want is for him to sign away any parental rights, and I believe the threat of yet another support order (he already has 4 against him) might "persuade" him into doing so. I also want the DNA test to rule out lab error (which is what I suspect based on the gestational age).
Second, if he truly lied to me about having had a vasectomy, is there any way to sue for damages based on this? I relied upon his promise of sterilization, which is why I did not make him use a condom (stupid me!). Isn't this a form of promissory estoppel? Or fraud?
Any help is appreciated. I am pretty desperate at this point - I found out the DNA results the day before Christmas, and I've been emotionally devastated since then and need to know how to proceed.
Thanks!!!

