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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


  1. 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


  2. 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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