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Can I get a paternity test?

Los Angeles, CA |

I am in the middle of a divorce and we have a 3 year old son. I just found out that my wife cheated on me around the time our son was conceived. I'm worried I may not be the father. Is there anything I can do? I've read something about a 2 year time limit to request a DNA test from birth but don't know if there is any other options.

Attorney Answers 2

Posted

Is your parentage being questioned? If not, don't worry about it. As long as you've been the "father" in the child's life, supported this child and held yourself out to be child's father, then the law recognizes you as the presumptive father even though DNA might show that some other person was just a sperm donor. If it is being contested, then show the court evidence that you supported the child, held yourself out to be the child's father and the mother also held you out to be the child's father, etc. Hope you have a good attorney to help you

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4 comments

Asker

Posted

She is not questioning my parentage, but I am. I don't know if I am the biological father of my daughter now. I would like to know if I have any remedies for this.

Gregory Paul Benton

Gregory Paul Benton

Posted

Why would you not want to be the childs father? Biological issues don't necessarily negate you or make you the father.

Asker

Posted

That's not the issue. I want to find out the truth. Wouldn't it bother you to know you might not be your child's biological parent or not and want to find out?

Gregory Paul Benton

Gregory Paul Benton

Posted

It is the issue, Being a father has little to do with DNA and more to do with actions. Lets presume you are not the bio dad. So what, the child has known you as the bio dad and mom knows you as the bio dad and can show that you should be the presumed dad by your actions. If you are not the bio dad, that won't negate your ex's claim for child support etc if indeed you acted as the dad and held yourself out to be the childs dad. The law says this trumps your DNA claim as it is the child's best interests to have a father and mother.

Posted

Before making a scene, you should obtain one of those over-the-counter DNA tests and make sure that you are not biologically linked to the child. If this is a case, contact an attorney to see what can be done.

This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.

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