QUESTION: We performed a secret DNA test on my husband and his 14 year old daughter and it came back he is not the biological father. If he tells the courts, he loses his rights correct? What about the years of child support? He was married to his ex at the time his daughter was born and was named as the father with child support but not on the birth certificate? Not sure if we should say ANYTHING until after she is 18. What are his options?
MY RESPONSE: The Court may not approve of the clandestine DNA test and may become upset with your husband because the DNA test was secretly done. If he accepted his daughter into his home and held her out as his daughter, he became her “Presumed Father”. It is likely far too late for your husband to contest paternity and support. The Court might well deny his Motion for a DNA test if he sought one at this time (but he could file an OSC to test that issue, understanding that he might lose that OSC). For all intents and purposes, he and his "daughter" developed close interpersonal ties as father and daughter, and revealing the DNA test results could be devastating to her. It might just be best to leave a sleeping dog lie and never tell his daughter.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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