My question involves paternity law for the State of: California
my birth date is 9/1/90
Hello!
In 2013 I was had a child and the idea of the kid not being mine never crossed my mind. In 2014 two days before fathers and after a fight based off of rumors I heard about her cheating the mother confessed the child might not be mine. She told me a name and explained how she slept with someone else but took a plan b so didn't think that relationship with that other guy was relevant or worth mentioning. I was crushed once she told me. I don't know my dad so being a father was very a great deal for me. I was so crushed about the ordeal that I refused to take a dna test suggesting that the other guy pay and take the test. The results came back that he was the father. At first I wanted to stay in the child's life because she was my daughter regardless of that dna test, but the father was very persistent about being in her life which was ultimately what i wanted. Which is the best for the child. I figured that just because i was around for 8 fake months doesn't mean i should deprive her of a life with her biological father. So I upped and left CA and moved to Colorado. I moved to Colorado in august of 2014 a month a half after I found out all this news. The biological father started supporting the child as soon as he got his results. Being her father to the fullest extent. When i left state i was not aware of the VDOP that i signed at the hospital. I thought i just signed a simple birth certificate which can easily be altered with the father and mother approaching the state with the dna results. Last year 2015 i came back for for jan/feb to visit my mother and stupidly wanted to see the child and check on her. I did but also had relations with the mother again. I know i couldn't of made a bigger mistake but i was weak and was with her for 4 years which is still no excuse! She got pregnant and had a kid that was born this last november 2015. There is a chance the new baby is mine. I just got a letter from Child support saying the mother is receiving aid. Since the oldest is older than two and i signed the declaration of paternity its out of child supports hands to establish paternity so i went to family court and filed the paper work to set it aside and got a hearing date for next month. I contacted the mother and her stance on the subject was that i should have taken care of it. Yes i lagged and yes i was unaware of the two year time limit. I am hoping that the second child isn't brought into the judges attention so i can explain how the biological father has been in the oldest babies life since she was 9 months and is now 2 years and 5 months old. I have facebook printouts of pictures he posted online of him and the baby as well as a copy of the dna results he emailed me. Im afraid if the second child is brought up she might complicate the case and the judge might not grant the vdop to be set aside. What do you guys think? That two year rule shouldn't apply to me because i have no bond with the child correct? is there any chances i can get screwed and the dna test denied? Another thing is the mother has been unable to contact the father for the past month. Will he also need to be present if its just a matter of clearing my name with a test? Last but most important question is should i get a lawyer or should i be pretty good based off of the circumstances like the father being around and supporting the child, me not being in the child's life for almost two years because when i saw her last year she did not recognize me. Sorry for my horrible grammar i haven't slept and its 6 am. Ive been up all night reading similar stories and law pages. Thank you in advance for your help!
my birth date is 9/1/90
Hello!
In 2013 I was had a child and the idea of the kid not being mine never crossed my mind. In 2014 two days before fathers and after a fight based off of rumors I heard about her cheating the mother confessed the child might not be mine. She told me a name and explained how she slept with someone else but took a plan b so didn't think that relationship with that other guy was relevant or worth mentioning. I was crushed once she told me. I don't know my dad so being a father was very a great deal for me. I was so crushed about the ordeal that I refused to take a dna test suggesting that the other guy pay and take the test. The results came back that he was the father. At first I wanted to stay in the child's life because she was my daughter regardless of that dna test, but the father was very persistent about being in her life which was ultimately what i wanted. Which is the best for the child. I figured that just because i was around for 8 fake months doesn't mean i should deprive her of a life with her biological father. So I upped and left CA and moved to Colorado. I moved to Colorado in august of 2014 a month a half after I found out all this news. The biological father started supporting the child as soon as he got his results. Being her father to the fullest extent. When i left state i was not aware of the VDOP that i signed at the hospital. I thought i just signed a simple birth certificate which can easily be altered with the father and mother approaching the state with the dna results. Last year 2015 i came back for for jan/feb to visit my mother and stupidly wanted to see the child and check on her. I did but also had relations with the mother again. I know i couldn't of made a bigger mistake but i was weak and was with her for 4 years which is still no excuse! She got pregnant and had a kid that was born this last november 2015. There is a chance the new baby is mine. I just got a letter from Child support saying the mother is receiving aid. Since the oldest is older than two and i signed the declaration of paternity its out of child supports hands to establish paternity so i went to family court and filed the paper work to set it aside and got a hearing date for next month. I contacted the mother and her stance on the subject was that i should have taken care of it. Yes i lagged and yes i was unaware of the two year time limit. I am hoping that the second child isn't brought into the judges attention so i can explain how the biological father has been in the oldest babies life since she was 9 months and is now 2 years and 5 months old. I have facebook printouts of pictures he posted online of him and the baby as well as a copy of the dna results he emailed me. Im afraid if the second child is brought up she might complicate the case and the judge might not grant the vdop to be set aside. What do you guys think? That two year rule shouldn't apply to me because i have no bond with the child correct? is there any chances i can get screwed and the dna test denied? Another thing is the mother has been unable to contact the father for the past month. Will he also need to be present if its just a matter of clearing my name with a test? Last but most important question is should i get a lawyer or should i be pretty good based off of the circumstances like the father being around and supporting the child, me not being in the child's life for almost two years because when i saw her last year she did not recognize me. Sorry for my horrible grammar i haven't slept and its 6 am. Ive been up all night reading similar stories and law pages. Thank you in advance for your help!
Disestablishing Paternity: Setting Aside Declaration of Paternity for a Child That Isnt Mine
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