San Jose, CA asked in Family Law for California

Q: Can I have a paternity test done?

She has been married to her husband throughout our relationship and also lived with us during the time the children were conceived.

Her husband had to go before the court to claim he wasn't the father last year.

I was told by CSS that because I signed the form at the hospital I am defaulted as the rightful father.

I love my children, but I have a good reason to doubt if one or both are my children as the mother has never committed to me and has been unfaithful to me for our entire relationship.

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1 Lawyer Answer
Martha Bronson
Martha Bronson
Answered
  • Tracy, CA
  • Licensed in California

A: If you voluntarily signed a Declaration of Paternity at the hospital when the children were born and two years have since gone by, and no declaration of rescission has been properly issued, there would not appear to be any legal recourse to obtain a paternity test.

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