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Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience:  Divorce, child custody, child support, etc.
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A friend of mine is married with children. He had an affair.

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A friend of mine is married with children. He had an affair. The woman has given birth and is claiming that my friend is the father. What are next steps? My friend would like to get a paternity test done. If it turns out that the child is indeed his, then what are his legal liabilities with respect to the woman with whom he had the affair? What kind of claims can she have? Please assume that both parties are CA residents and that the incident occurred in CA.

Many thanks for your advice.

Submitted: 6 years ago.
Category: Family Law
Expert:  Lady Themis replied 6 years ago.

Thank you for your question.


Your friend can file a parentage suit in the county in which the child resides. The court can order genetic testing to determine whether he is the biological father. If he is, he would have rights to seek custody of the child but also the responsibility to support the child financially. He has no obligation to the woman, but only to the child.

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