Divorce and Paternity

[Clam]

Okay I have a question. Me and my wife have been separated for 8 going on 9 years. Our daughter has been living with me for those 8 to 9 years. During our separation she had a child with another man. I was looking at my divorce papers and under sub-division H Children born during the marriage, but husband is not the father. The box that is checked is Paternity of the children named above has not been established. I understand that paternity of the child must be established before I can get a divorce.

Now here is my dilemma. From what I gather the father of the child was in jail when the child was born. So he was not there at the time to sign himself as being the father. He has seen his child since his birth and the child knows he is his father. But she has moved out of state. So I have no way of getting a paternity test done. Not to mention now he doesn't want to sign papers to give to vital statistics to show proof he is the kids father. Because, he is afraid he might or would have to pay child support. She doesn't want a paternity test done. Because she is afraid he will try to take their son. What are my options?

My 61 days from the date I filed complete in one month. She did not contest the divorce. I just want out so I can move on with my life!!!!!

 

[army judge]

You need to get to a REAL, LIVE, LICENSED CA attorney on Monday.
Paternity testing can be done with a court order.
That case must be made before a judge.
I'm licensed in TX, not CA, but I suspect the judge administering your divorce is capable of issuing the court orders to effect paternity testing.
You can also speak with your state's child collection agency.

By operation of law, unless a finding is made to the contrary, you are putative father of the baby in question.
That's why you want the DNA tests done.
Otherwise, it's YOU who'll be supporting that child, too.


http://www.childsup.ca.gov/Default.aspx



http://www.courts.ca.gov/1202.htm




http://www.childsup.ca.gov/Resources/EstablishPaternity/EstablishingPaternityFAQs.aspx

 

[Proserpina]

Okay I have a question. Me and my wife have been separated for 8 going on 9 years. Our daughter has been living with me for those 8 to 9 years. During our separation she had a child with another man. I was looking at my divorce papers and under sub-division H Children born during the marriage, but husband is not the father. The box that is checked is Paternity of the children named above has not been established. I understand that paternity of the child must be established before I can get a divorce.

Now here is my dilemma. From what I gather the father of the child was in jail when the child was born. So he was not there at the time to sign himself as being the father. He has seen his child since his birth and the child knows he is his father. But she has moved out of state. So I have no way of getting a paternity test done. Not to mention now he doesn't want to sign papers to give to vital statistics to show proof he is the kids father. Because, he is afraid he might or would have to pay child support. She doesn't want a paternity test done. Because she is afraid he will try to take their son. What are my options?

My 61 days from the date I filed complete in one month. She did not contest the divorce. I just want out so I can move on with my life!!!!!

What's your end goal here? You are, legally, the father of both children.