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How can I get a paternity test when the mother refuses and I have no visitation?

Sacramento, CA |

My boyfriend is fighting a paternity case. The mother will not allow for him to see the child and won't consent to a paternity test. He has a $50,000 child support bill that he is trying to fight. The mother claims that he was served twice but the proof of service has addresses listed that he did not live at. When the child was conceived, she was sleeping with multiple partners so he wants to confirm paternity before he begins to make payments. He also just found out in the last year and the child is already 9. The case resides in California. What can be done?

Attorney Answers 2

Posted

You have rights. If you were never served properly, you may set aside the judgment for paternity under CCP Section 473(b). This motion must be filed within certain time constraints which any decent lawyer will know, or, in the alternative, you may look up. I say look it up because the time constraints are different depending on the particular facts of you case and range from 6 months to 2 years of discovery of the judgment.

Once set aside, mom will not have a choice and will be forced to submit to a DNA test.

There are many unanswered questions but I hope this gives some guidance. If you have any questions you may contact me at 909-635-2023.

The content contained herein is for general purposes only and in no way constitutes an attorney-client relationship nor is this information to be construed as the only option available under the law. I encouarage everyone to get a second opinion to determine the best course of action based upon their particular situation.

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4 comments

Asker

Posted

The proof of service illedges that he was served back in 2004. I think we may be outside of the time limitations. He always kept his address registered as his parents address but never lived there. The two proofs of service both state that he was served at that residence personally. He's filed a motion to set aside and has been to court twice this year but the judge won't order the paternity test.

James D. Madden

James D. Madden

Posted

Something does not sound right. Did the judge set the judgment aside? The clock doesn't start ticking in these cases until the time he discovered the judgment. This is what is significant. Why won't the judge order teh paternity test--if you know?

Asker

Posted

In 2007, because the mother could not locate him the court filed a judgement and he was made father by default. His parents signed an affidavit stating that he did not live there and was not visiting during the two dates that the proof of service states he was served. We go back to court on May 30th. The last court date, the judge said he had to come up with proof that he was not served.

James D. Madden

James D. Madden

Posted

When did he become aware of the judgment against him?

Posted

He needs to contact DCSS. if indeed he was unaware of this proceeding (which the huge support arrearage seems to support) they may be able to unwind this mess.

IF he was just dodging this --I have to wonder why DCSS had not found hum all this time) he will simply have to pay,

See link below.

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