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Determining Paternity

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J

jbiggs

Junior Member
California. A former partner had a child 2.5 years ago. It was not clear who the father was, but her live-in boyfriend signed the B.C. She recently contacted me to find out if I wanted to get a DNA test. She still lives with the boyfriend. I am sure he would not want me to take the test. He claims he is the father and has raised the child for 2.5 years. I never contested that the child was his.
As I understand it, because they were not married, they would both have to sign a declaration of paternity in order to get his name on the B.C. Also because it has been more than 2 years, and he has held the child out as his own from the beginning, that he is legally the father. With all it's rights and responsibilities.
I am wondering if paternity can still be questioned? Can I demand a paternity test and get the rights and responsibilities of fatherhood that are held by the boyfriend currently? Can the mother demand a paternity test to determine fatherhood and require me to pay child support? Am I looking at child support w/out visitation?
I have read several posts discussing similar issues but I have not been able to piece it together. I want to know where I stand? That way I can make a decision on what I should do? I have let the mother make all the decisions so far, but she is a wild card, and I cannot have her in control of my destiny if I can help it. My family(not married) doesn't know about this or the past relationship, so if I am out of the picture, I would like to keep it that way.
Thank you for your time and your thoughts.
 


P

Phnx02

Member
jbiggs said:
California. A former partner had a child 2.5 years ago. It was not clear who the father was, but her live-in boyfriend signed the B.C. She recently contacted me to find out if I wanted to get a DNA test. She still lives with the boyfriend. I am sure he would not want me to take the test. He claims he is the father and has raised the child for 2.5 years. I never contested that the child was his.
As I understand it, because they were not married, they would both have to sign a declaration of paternity in order to get his name on the B.C. Also because it has been more than 2 years, and he has held the child out as his own from the beginning, that he is legally the father. With all it's rights and responsibilities.
I am wondering if paternity can still be questioned? Can I demand a paternity test and get the rights and responsibilities of fatherhood that are held by the boyfriend currently? Can the mother demand a paternity test to determine fatherhood and require me to pay child support? Am I looking at child support w/out visitation?
I have read several posts discussing similar issues but I have not been able to piece it together. I want to know where I stand? That way I can make a decision on what I should do? I have let the mother make all the decisions so far, but she is a wild card, and I cannot have her in control of my destiny if I can help it. My family(not married) doesn't know about this or the past relationship, so if I am out of the picture, I would like to keep it that way.
Thank you for your time and your thoughts.
Click to expand...
The current boyfriend is not the legal father just because he's been caring for the child for the last 2.5 years. This child has no legal father until paternity can be established thru a DNA test. The mother can demand a DNA test from you at anytime. If you don't consent or show up in court when supeneod, a default order will be made in your absense, MAKING you the father since she says you are and you didn't exercise your rights to prove otherwise. If you're proven to be the father, you will be granted visitation rights and be ordered to pay child support. One is not dependant on the other. You may not be given visitation, for whatever reason, but still be ordered to pay cs. In contrast, she cannot withold visitation if you don't pay cs. But if such is ordered, and either of you don't comply, either of you can be held in contempt.
 
J

jbiggs

Junior Member
Can have 2 dads?

Thanks for your help. But the boyfriend and mother signed a Declaration of Paternity. Doens't that make him the legal father? And if so, can the child have two fathers (Legally)? Even though he knows the child may not be biologically his, I doubt the boyfriend would give up his standing as legal father without a fight. So once a legal father has been established, can that be taken away without his consent? It has been over 2 years which I believe has some relevence.
 
N

nextwife

Senior Member
First, MOM cannot "demand" that you take a DNA test. Only CSE can do that.

And in many states, the Affidavit of Paternity does determine the legal paternity. In some states, the biodad can fight to dis-establish paternity, but, as of now, BF may very well be the legal father, if they both signed the paternity affidavit.

Likely. mom was with BF at that time and preferred that he be designated as dad so that she would not need to possibly share custody with you. Now she's either leaving or thinking of leaving and wants to use you to remove the man her child knows as dad from HER life. Until and unless there is a CSE/court case involving you, you do not need to consent to a DNA test and let mom use you to mess up her kid's relationship with the man who is dad to her.
 
N

nextwife

Senior Member
Paternity is NOT some garage you park your kid under temporarily based upon what you'd rather have at the time.. There are too many lives at stake.
 
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