[mshlr]

I just gave birth to a healthy little girl not too long ago. Her biological father left me in the early stages of my pregnancy and I have had no communication with him since January of this year (07). I re-connected with my high school sweetheart not long after and he supported me through my pregnancy. When my daughter was born he signed the birth certificate as her father and a month later we were married. My little girl is coming up on 2 months old and Ive just heard her biological father wishes to fight paternity. Its my understanding that he has no idea my husband has signed as her father. I was curious as to the process in which he would have to go through to fight for a paternity test. He's a loser with a low paying job who is heavy into drugs and drinking. This man is evil and has no business trying to raise a child. I know that the day she turns 2 paternity can't be fought so this is why I want to know how the process works and how long it might take here in California. Please give me any and all information you may have.

[amandafnnll]

Omg... I totally didn't know that, but I do know that you have to have the child's FULL name to fight paternity and you have to show JUST CAUSE to believe that you are the father. Let me know what happens because I havea similar situation only my sons bio dad is in prison and he keeps threating but has no idea where to find me... good luck hun and best wishes to your family

[Fr_Chuck]

Ok, so your high school sweetheart and you committed fraud by listing the wrong person, you knew was not the father on the birth certificate.
Thus denying or trying to deny the bio father any of his legal rights.

Yes, he has a right to file a motion in court for a DNA test, and to prove he is the father. This test if court ordered will be required. Once he does this, he will have a right to visits. If you can prove his is a drug user, you may get the court to order visits to be supervised but you can not stop him from having visits.

Also not sure of the California laws but here there is no time limit, she can be 10 and he still has full rights to require DNA tests.
But once he files a motion, that stops the clock if there is a 2 year clock, so as soon as he files, that is the date the court uses. Even if the court case takes 4 years.

[s_cianci]

He would have to petition the Family Court for your county of residence for an adjudication of paternity. A DNA test would be ordered, probably at his expense. Once the results are obtained he would then petition the court for custody, visitation or whatever he's going to ask for. That's not to say that he'll get it but the judge won't totally deny him, that's for sure. You, likewise, would petition for an order of child support. A hearing would then be scheduled at which all of these issues would be decided. Then both parents are bound by whatever the judge orders.