Timing of Paternity Test

[MeanMomma]

What is the name of your state (only U.S. law)? California

An ex-girlfriend is pregnant. I think she was having sex with others at that time. She dumped me right after finding out she was pregnant. She says it is my baby but won't allow a paternity test, and she is planning to move to across the country to be with another man after the baby is born. I do want paternal rights and visitation if I am the father, and have nothing against paying child support. I do not want to pay child support for someone else's baby, especially if I can have no part in the baby's life.

Is it legally his baby if they marry right after the birth and put his name on the birth certificate? If they do that without a paternity test now, can she only sue me for child support starting from the filing date if they split up in five years? And if I force a paternity test now but she moves away with him, can she sue me for child support back to the time of the birth if they split up, married or not married? A paternity test will not stop her from moving away, possibly marrying, or denying me a part in the baby's life.

 

[Ohiogal]

What is the name of your state (only U.S. law)? California

An ex-girlfriend is pregnant. I think she was having sex with others at that time. She dumped me right after finding out she was pregnant. She says it is my baby but won't allow a paternity test, and she is planning to move to across the country to be with another man after the baby is born. I do want paternal rights and visitation if I am the father, and have nothing against paying child support. I do not want to pay child support for someone else's baby, especially if I can have no part in the baby's life.

Is it legally his baby if they marry right after the birth and put his name on the birth certificate? If they do that without a paternity test now, can she only sue me for child support starting from the filing date if they split up in five years? And if I force a paternity test now but she moves away with him, can she sue me for child support back to the time of the birth if they split up, married or not married? A paternity test will not stop her from moving away, possibly marrying, or denying me a part in the baby's life.

File now in California and ask for a paternity test. California is odd but allows that. She cannot deny you a court ordered paternity test. Once the baby is born pursue custody/visitation/support orders.

 

[CJane]

To clarify. You cannot force a paternity test NOW. What you CAN do is file to have a paternity test done AFTER THE CHILD IS BORN. You're not getting a prenatal test. Just not.

 

[single317dad]

Is it legally his baby if they marry right after the birth and put his name on the birth certificate?

That's a very tricky question -- one I might not get completely right so expect a correction from one of our more knowledgeable forum members if I make a mistake.

If she stays in California until the baby is born, then Ohiogal's advice is your only real choice.

If she moves to a state with a putative father registry before the child is born, then get thyself to that state (or that state's website possibly) and register. Some states require a paternity test before anyone is named the father of a child if you get yourself on that registry first. It's impossible to say what state's laws you would be subject to until/unless she moves before the birth.

If you fail to take any action and a father is named in affidavit (and on the birth certificate), then yes, that person is the child's father (unless a court later determines otherwise).

If they do that without a paternity test now, can she only sue me for child support starting from the filing date if they split up in five years? And if I force a paternity test now but she moves away with him, can she sue me for child support back to the time of the birth if they split up, married or not married?

If another man is the legal father of this child, laws will vary widely by state whether paternity can be disestablished, how to do so, and whether you could ever be named the father after 5 years. If at some future time you are named the father of this child, expect to pay support. Support will generally be due only since the time of the filing of the case in most jurisdictions. Again, that will vary.

As stated, you cannot force a paternity test to actually be conducted until after the baby is born.

A paternity test will not stop her from moving away, possibly marrying, or denying me a part in the baby's life.

As of now, all these assumptions are correct. Once the baby is born, you may have some recourse if mom moves or denies you access to your child, assuming you've put yourself in the legal position to do so.

 

[Ohiogal]

That's a very tricky question -- one I might not get completely right so expect a correction from one of our more knowledgeable forum members if I make a mistake.

If she stays in California until the baby is born, then Ohiogal's advice is your only real choice.

If she moves to a state with a putative father registry before the child is born, then get thyself to that state (or that state's website possibly) and register. Some states require a paternity test before anyone is named the father of a child if you get yourself on that registry first. It's impossible to say what state's laws you would be subject to until/unless she moves before the birth.

If you fail to take any action and a father is named in affidavit (and on the birth certificate), then yes, that person is the child's father (unless a court later determines otherwise).



If another man is the legal father of this child, laws will vary widely by state whether paternity can be disestablished, how to do so, and whether you could ever be named the father after 5 years. If at some future time you are named the father of this child, expect to pay support. Support will generally be due only since the time of the filing of the case in most jurisdictions. Again, that will vary.

As stated, you cannot force a paternity test to actually be conducted until after the baby is born.



As of now, all these assumptions are correct. Once the baby is born, you may have some recourse if mom moves or denies you access to your child, assuming you've put yourself in the legal position to do so.

Actually California allows him to file now and will hear the case EVEN IF SHE MOVES prior to the baby being born. They are odd that way.

 

[LdiJ]

Actually California allows him to file now and will hear the case EVEN IF SHE MOVES prior to the baby being born. They are odd that way.

Although locating her and forcing her to make the baby available to testing could be problematic. I don't think that the OP is going to want to be named dad by default.

 

[Ohiogal]

Although locating her and forcing her to make the baby available to testing could be problematic. I don't think that the OP is going to want to be named dad by default.

Locating her? If she is served and then moves, then she has to inform the court of her location. She doesn't have a choice unless she wants to face the legal consequences associated with that.

 

[LdiJ]

Locating her? If she is served and then moves, then she has to inform the court of her location. She doesn't have a choice unless she wants to face the legal consequences associated with that.

I understand...but the big consequence is losing custody by default. Since this particular potential father does NOT want to be found to be the father by default (because he believes she was sleeping with others and NEEDS a DNA test), he is not going to want any default orders. What if she cannot be served with a court date? Would a judge issue a warrant? Would CA pay for extradition in a case like this? What if someone else signs the AOP?

I cannot see it being anything but problematic.

 

[Ohiogal]

I understand...but the big consequence is losing custody by default. Since this particular potential father does NOT want to be found to be the father by default (because he believes she was sleeping with others and NEEDS a DNA test), he is not going to want any default orders. What if she cannot be served with a court date? Would a judge issue a warrant? Would CA pay for extradition in a case like this? What if someone else signs the AOP?

I cannot see it being anything but problematic.

The judge could issue a warrant if she moves and does not sign. It is possible. I have had that happen when people will NOT comply with court orders.