What are my rights if I’m 99% sure that I’m the biological father of a child who is 14 years old now?

It’s complicated by the fact that the mother was married to another man when the child is born and he is the legal father. About 12 years ago, I attempted to go and get a DNA test done and accept my responsibility and after initially agreeing to do it the mother and her husband eventually decided not to submit to the DNA test and told me to go away. A couple years ago the husband left the family and they are now divorced and I again want to get a DNA test done to affirm I am the father and possibly be in her life. Do I have any legal rights to get a DNA test ordered possibly? Do I have any rights?

Asked on January 21, 2013 under Family Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I suggest that you consult with a family law attorney to see if your plan of action is really what you want to do with respect to filing a petition with the court to deem you the minor's father. Assuming you file such a petition and it is granted where you are deemed the father, then you will be liable for future child support payments and possibly reimbursement to the man who was supporting the child which is yours.

What you have written about is something that you may not wish to open up until the child is an adult.


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