Full question:
My husband, a private company manager and myself being a homemaker have been co-habiting for nine years without a descendant. Despite being a medically proven healthy and sexually capable man, my husband had major concerns about his capability. Last year when I conceived, his concerns exploded and he left home leaving myself and our 6-month-year-old baby. And now he has stopped financial support as well. Can I apply for a paternity test and avail the child support under California laws?
- Category: Paternity
- Subcategory: DNA Test
- Date:
- State: California
Answer:
If paternity is in question, the court can order genetic tests for the parents and child. Once paternity is established, the court can order child support. According to California Family Code Section 7541, if paternity is determined through blood tests, it overrides the presumption in Section 7540 that a child born to a wife cohabiting with her husband is considered a child of the marriage, provided the husband is not impotent or sterile. Since your husband is proven to be capable and you were cohabiting during conception, you can apply for a genetic test to establish paternity and seek child support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.