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I wanted to know if there was anything else I can do to see my son? Is my situation so complex I need a lawyer? Or can I do it?

Stockton, CA |

I have recently filed for paternity to see my 3 yr old son.The judge asked mother if I was the biological father and she denied it.Judge refered us to child support for dna test. Child support unable to process b/c paternity already established by man she cheated on me with she had listed on birth certificate. Im positive ++ he is my son b/c we were in a 4 yr relationship and she cheated on me at 4 months pregnant than a week after baby was born wanted to come back home to me. She is white, her boyfriend mexican, me african american and my son is getting darker in complexion. She knows she intentionally lied to the judge and never showed up for dna testing which left me hanging.The next time i went to court the judge told me I needed a lawyer.I thought I went through all proper procedures?

Attorney Answers 3

Posted

Your situation appears to be very complex if there is a judgment out there naming someone else as the father. You would have to set aside that judgment and it is questionable if you even have any standing or right to be able to do that.
You seriously need to talk with a family law attorney in your area.

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1 lawyer agrees

4 comments

Asker

Posted

It is the birth certificate he signed at the hospital knowingly that makes him legally the biological father which he knew she knew and I know isn't true. Your right about getting a lawyer I just don't have that much saved up, do you think taking that route I would have a chance of seeing my son?

Edna Carroll Straus

Edna Carroll Straus

Posted

There is a 2 year window to get DNA testing, for public policy reasons.

Asker

Posted

Well he is 3yr now. When I tried filed everything he was 2 yrs old. So does that mean there is no hope at all now because he already turned 3 even with an attorney's help?

Edna Carroll Straus

Edna Carroll Straus

Posted

I don't know. (Sorry just saw this-- tooo much email.) A consult with a lawyer is the forst step-- no one charges to tel you if they can help you. The problem is there are very few experts in this area as it is usually not an area where people can pay, so lawyers have no clue- and no legal education or practice guides to help us.

Posted

As Attorney Montgomery stated this is a complex issue and really can't be answered in a forum such as this. There are so many factors that have to be considered. You don't say how paternity was established. Have you been in the child's life?

Contact an attorney in your area to review the facts with you so you can receive a more iformed response.

Good luck and I commend you for wanting to be a part of the child's life.

Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

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Posted

You say "never showed up for dna testing"--but you don't say when. DNA testing to challenge paternity by a putative father is only possible until the child is 2 After that it is too late.

BTW--the color of the child's skin--"getting darker in complexion" -- is not a reliable indicator. As you know, the child of a "white" person and a "black" person can range from "white" to very dark. Most Mexicans are part Mexican Indian and the same range of skin color is in play. The statement "getting darker in complexion" makes it seem the initial appearance was not decisive. If the hair is straight... the child is likely not yours. (Not politically correct for me to say. I know--but I think you know this to be pretty accurate.)

Bottom line, the birth certificate was open to challenge until the child was two years of age, now it is not.

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2 comments

Asker

Posted

My ex used to bring my son to my house up to the age of 3 months. He was born very light and within two weeks starting turning a darker complexion. He is just a shade lighter than my color and has nappy hair :) just like mine, and strong features that couldn't be mistaken as mine. I have went to see him several times only to be turned down because I didn't wan't to continue a relationship with her. I think she has been selfish and deprived me of my time away from my son. Her own mother tells me "she knows and I know that baby's yours" to this day. I'm and the point where i KNOW he is mine and want to know if I still have a chance to do something or am i being restricted to do so because a 2yr age limit on challenging paternity?

Edna Carroll Straus

Edna Carroll Straus

Posted

Yes, I am afraid so. Many parents are not able to think in terms of their children's welfare. (As my mother didn't.) Try writing to him--snail mail, which by federal law Mom may not open---- and hope the future will allow you more contact. The letters will show him you did not just give up.

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