Establish Paternity

[joeguns]

What is the name of your state?California

Hello All,

I need some help...
I was involved with this chick which I did not know she was married. She told me she had a boyfriend and were separating they have 3 kids. we were sexualy involved about 2 times...after the last time we were together...I stopped calling...few months went by she was back with her boyfriend\husband she calls me and tells me she was pregnant.
After a year heard from her again and \i was being told the kid looked like me she really did not know if it was mine or her boyfrien\husband...well all this time her boyfriend\husband did not know anything...she basically was lying to both..
Well I went ahead and setup a DNA test and she agreed...after finding out the results she was going to tell her husband if the kid was mine...well it resulted it was mine we agreed on custody and visitations,but then out of the blue...she did not want me to be part of my sons life...I put court papers for paternity rights/custody and visitation and then received a letter from her lawyer stating that I should remove my suit because I supposeably did not do any blood test before he turned 2 which is a lie and I have the DNA proof it was before he turned 2 and also have \e-mail letters from her agreeing to DNA test and visitations...
Well her lawyer is saying her husband is the father because I did not have the blood test within 2 years...again I have proof...t is

What can I do to fight this and not loose my son...
Also she is asking for me to pay her lawyer fees...I couldnt even afford my own lawyer..
Any help appreciated..court is coming up soon

 

[BelizeBreeze]

You need to get your ass down to legal aid and file a petition to have the court recognize the DNA test IF it was conducted by a reputable lab. Then you need to file for custody and/or visitation.

 

[snostar]

Make sure that the genetic test was performed by a laboratory approved
by any accreditation body that has been approved by the United
States Secretary of Health and Human Services.

 

[tcpmp]

Did you get the DNA test done through the DA,courts or through a privately own lab?
Don't pay the lawyer fees.
Another question and I know this sound a bit heartless but are you really ready for a child? If they are willing to take responsiblity you could consider it like a adoption. They might be more capable to provide a better life for him.

 

[joeguns]

Thanks for the replies...
The DNA test was done through an accredited lab which child support uses.
I have filed for custody and visitation. I also submitted proof of the DNA test and consent of the mother.
Is there a seperate file to have the court review the DNA?
Yes I'm more than ready for my son.....
How can I prepare myself to present the case since I can't afford a lawyer??

 

[nextwife]

You can't afford a lawyer, are you SURE you can afford to support your son?

 

[joeguns]

I feel that I have all the evidence and rights to show the judge that I'm the father and that the mother was lying to both myself and her husband....
I can afford a child I have a 3 year old and a baby girl on the way...

I need some help not someone judging me!!!

 

[I AM ALWAYS LIABLE]

My response:

Although genetic and blood test results showing no biological connection with the child amount to "clear and convincing evidence," it does not automatically follow that such evidence will rebut a § 7611 parentage presumption. Quite the contrary, by stating a California Family Code § 7611 presumption "may be rebutted in an appropriate action," Ca Fam § 7611(d) vests courts with discretion to determine a particular case is not "appropriate" for defeating the paternity presumption even with "clear and convincing evidence." [In re Nicholas H. (2002) 28 Cal.4th 56, 66-67, 120 Cal.Rptr.2d 146, 154; see In re A.A. (2003) 114 Cal.App.4th 771, 780, 7 Cal.Rptr.3d 755, 760]

Thus, in an "appropriate action," a man may be declared a § 7611 presumptive father despite biological proof of his nonpaternity and even despite his own admission that he is not the child's biological father. [In re Nicholas H., supra, 28 Cal.4th at 63-64, 120 Cal.Rptr.2d at 151-152 (disapproving conflicting authority); In re Jerry P. (2002) 95 Cal.App.4th 793, 804, 116 Cal.Rptr.2d 123, 130; see In re Raphael P. (2002) 97 Cal.App.4th 716, 730, 118 Cal.Rptr.2d 610, 621 - - "social relationships may 'trump' genetics in an appropriate case"]

Presumptive paternity status may even prevail in an "appropriate action" against genetic or blood test results showing paternity in someone else. Because "policy and logic" under the facts control the outcome, the weighing process may tip the scales in favor of a nonbiological presumptive father as against the competing claim of a biological presumptive father. Biological paternity is not necessarily determinative. [In re Kiana A., supra, 93 Cal.App.4th at 1117-1118, 113 Cal.Rptr.2d at 677-678; Steven W. v. Matthew S. (1995) 33 Cal.App.4th 1108, 1116-1117, 39 Cal.Rptr.2d 535, 539; see also In re Nicholas H., supra, 28 Cal.4th at 64-66, 120 Cal.Rptr.2d at 152-154 (citing Kiana A. and Steven W. with approval); and In re A.A., supra, 114 Cal.App.4th at 781, 7 Cal.Rptr.3d at 761]

By waiting for over 2 years to assert your rights; i.e., Filing your Petition for paternity, you have undoubtedly waived your rights to parenthood.

IAAL

 

[MBMom]

I don't get it! Just out of curiosity, let's assume this guy is a good guy and genuinely wants to be a part of his son's life. You mean to tell me that there are moms and dads that aren't in their children's lives for YEARS at a time, but come in and out as they please (in many cases) and actually have rights, yet in this case (and if I'm reading your post correctly, IAAL) because this guy didn't prove it in time (2 years), he suddenly has no rights to his child? How is that fair or right? I can understand if that was a general rule that was used....out of the child's life for two years by choice?...then no rights! But with as much as I see and hear what types of things ****ty parents get away with, including abandoning their kids then coming back and going for custody when they're slapped with a child support order?! C'mon, what is wrong with the law?!

I know, I know...it's the law! And I know that the law can't possibly cover every single situation while making everyone happy. I guess I'm just venting. No doubt this guy made a huge mistake in not caring a little sooner.

 

[I AM ALWAYS LIABLE]

I know, I know...it's the law! And I know that the law can't possibly cover every single situation while making everyone happy. I guess I'm just venting. No doubt this guy made a huge mistake in not caring a little sooner.

My response:

Read the Statute, and read the cases I mentioned. You'll see exactly why.

So, don't shoot me. I didn't write the music. I'm only the piano player.

IAAL

 

[MBMom]

You're right. I understand why that law should apply.

I know you don't write the music. We need ya anyway to shut up us emotional people.

Besides, gotta love a fellow piano player!

 

[joeguns]

It's not that I didn't care any sooner or I was out of his life by choice, but its that I was being lied to...
She will tell me that no it's not my child, that it was her husband, and then that yes maybe,,,,,I live 5 hours away from her..So finally when he was 1 1/2 years old we took the DNA test....She herself was surprised of the results...
My son is now 2 yrs...
Well I thank all of you for your comments........

 

[MBMom]

She may have been lying to you with the whole back and forth thing, but having a child is a very serious thing. From the very first time she told you he was yours, you should've been in his life and then from the second she said he wasn't, you should've been doing whatever you could to make sure. Heck, the woman lied to you about being married, yet all of sudden, you would just take her word for it that the baby wasn't yours and wait until a whole year and a half later to do anything about it?