Our 17 year old son is expecting a baby with a 17 year old girl. My wife and I have doubts as to whether the baby is his or not. They both say that it is, however, the timing doesn't seem to add up. Can we get a paternity test before the baby is born? If so, does the test need to be court ordered? Do my wife and I or our son hold any legal obligation to the unborn child at this point since our son's not 18 yet?
Answer
If you son is doubting that he is the father, then he should request one as soon as the child is born so that he is not stuck paying child support for a child that is not his. There is a very limited window of time to contest paternity of a child, once the father sings declarations of paternity. The son, should speak to the mother to see if they will agree to a paternity test. If he is unsure of his paternity then he should not sign any declarations of paternity.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
Answer
I would advise your son not to sign any voluntary declaration of paternity, until a genetic test has been performed that shows he is not excluded as the father.
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