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:
When paternity is at issue, the court may on its own or on a suggestion by any of the parties involved, order parents and the child to submit to genetic tests. Once the paternity is established, the court may then order for child support.Section 7541 of the California Family Code, where the question of paternity resolved according to blood tests, overcomes the presumption under § 7540. Per that provision, “except as provided in Section 7541, the child of a wife cohabiting with her husband, who is not impotent or sterile, is conclusively presumed to be a child of the marriage.”
The husband is proved potent and you both were co-habiting while during conception. Therefore, you may apply for a genetic test to establish paternity and for 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.
