Who can petition for a paternity test if the mother and father don’t want to?

My wife’s ex-boyfriend had a child with her when she was 14. Nothing happened to him when her mother pressed charges years ago. He ended up getting custody somehow and now is with another girl that was under aged when she gave birth to her first child from him. The problem is that there is no way for us too prove that it is his kid because his girlfriend said she didn’t know who the father was at birth. Is there a way that we (my wife and I) can petition for a paternity test for his child with his new girlfriend?

Asked on March 23, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Let me understand here what it is you want to do here.  You want to petition the courts to allow you to demand that a paternity test be taken of the child that your wife's ex had with the other woman?  No, I highly doubt that the courts will allow you to demand such a thing.  You do not have what is known as "standing" to bring such a request before the courts for consideration.  My guess is that you want to do this in order to some how now bolster the case against him brought by your Mother in Law years ago.  Why don;t you consult with an attorney in the area about what kind of influence you can have here in helping bring this guy to some form of justice by having the prosecutors look in to the allegation that he is a persistent child molester.  Really, let's call it what it is.  Get clout here. Good luck.


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