My jurisdiction is: CA or NC
My question involves paternity law for the State of: California, possibly NC. Someone familiar with both would be most helpful, but if only one, CA expertise is probably best
Does anyone know the statue of limitations in CA for establishing paternity under the following circumstances:
The child was conceived 5.5 years ago in NC and the biological father was never notified by the mother of her pregnancy.
The mother had been with two men within weeks of the conception, and she and the other man, both knowing this, decided to marry and the child was born during the marriage. That man willingly signed the child's birth certificate and held the child out as his own, even following their divorce 2 or 3 years ago. The legal father has admitted openly that he knew the child wasn't his by the time the child was 18 months old.
Less than one year ago, the legal father obtained a home DNA test that indicated he was not the biological father and the true biological father was notified of the child's existence by the mother. Another home DNA test indicated that the biological father was the natural father of the child.
The child is in CA state jurisdiction as best I know. The mother sought government aid and thus the legal father was ordered to pay child support, and now both are seeking financial support from the biological father, who has known of his child's existence for less than one year and lives several thousand miles away. He and the child have spent the equivalent of 3 weekends together in that time and have had no real means of establishing a relationship, but the child has been informed of the identity of the biological father. He wants what is best for the child, but most law sites don't address the rights of the parties involved in a situation like this.
The mother has indicated that the legal father is "contesting paternity" but she hasn't said if he's filed an action in court or if he's just refusing to support the child he taught to call him "dad." If anyone can speak to the possibility of his being able to contest his paternity at this point, I'd love to know what opinions exist in this forum.
I also understand the child to be in CA jurisdiction after living there for 6 consecutive months, but I wonder if there is any burden of proof associated with that. The mother has lived there with the child since May, but she's lived with friends and relatives and may not have even changed her driver's license to a CA issue, so could jurisdiction be contested, too? She and the child have been enrolled in school there since August, so I'm assuming at least by that point the child would be decidedly in CA jurisdiction, but I don't know.
My question involves paternity law for the State of: California, possibly NC. Someone familiar with both would be most helpful, but if only one, CA expertise is probably best
Does anyone know the statue of limitations in CA for establishing paternity under the following circumstances:
The child was conceived 5.5 years ago in NC and the biological father was never notified by the mother of her pregnancy.
The mother had been with two men within weeks of the conception, and she and the other man, both knowing this, decided to marry and the child was born during the marriage. That man willingly signed the child's birth certificate and held the child out as his own, even following their divorce 2 or 3 years ago. The legal father has admitted openly that he knew the child wasn't his by the time the child was 18 months old.
Less than one year ago, the legal father obtained a home DNA test that indicated he was not the biological father and the true biological father was notified of the child's existence by the mother. Another home DNA test indicated that the biological father was the natural father of the child.
The child is in CA state jurisdiction as best I know. The mother sought government aid and thus the legal father was ordered to pay child support, and now both are seeking financial support from the biological father, who has known of his child's existence for less than one year and lives several thousand miles away. He and the child have spent the equivalent of 3 weekends together in that time and have had no real means of establishing a relationship, but the child has been informed of the identity of the biological father. He wants what is best for the child, but most law sites don't address the rights of the parties involved in a situation like this.
The mother has indicated that the legal father is "contesting paternity" but she hasn't said if he's filed an action in court or if he's just refusing to support the child he taught to call him "dad." If anyone can speak to the possibility of his being able to contest his paternity at this point, I'd love to know what opinions exist in this forum.
I also understand the child to be in CA jurisdiction after living there for 6 consecutive months, but I wonder if there is any burden of proof associated with that. The mother has lived there with the child since May, but she's lived with friends and relatives and may not have even changed her driver's license to a CA issue, so could jurisdiction be contested, too? She and the child have been enrolled in school there since August, so I'm assuming at least by that point the child would be decidedly in CA jurisdiction, but I don't know.