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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

  1. 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.

  2. 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.