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Cowgirl Lawyer
Cowgirl Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 1422
Experience:  Attorney for 22 years. Family law, child custody and support, domestic violence.
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My boss received paperwork from Los Angeles Courts stating

Customer Question

My boss received paperwork from Los Angeles Courts stating i have a daughter in california. They are requesting Medical Benefits from my work. Now i was pushed out of this little girls life. i was young and didn't know my rights. I never had taken a praternity test, and never signed a birth certificate. I had doubts that she was even my child because the mother had relations with another man. Also this just came up about 5 years later. The mother is now married. I currently live in Connecticut. How do i go about this and still do the right thing.
Submitted: 8 years ago.
Category: Family Law
Expert:  Cowgirl Lawyer replied 8 years ago.

If you were never married to the mother, never signed an acknowledgement of paternity (the form at the hospital), and have never had a paternity case, then you are not this child's legal father (except that apparently a court has found otherwise, without your participation). You have no legal obligation to support a child that is not legally yours.

The problem is that apparently a court order is in effect against you, and that court order must be dealt with. The first step is to review the paperwork. There must be a court case, and the first step is to find out what that case is, and what has been ordered.

The second step will be to get an attorney in California. The attorney will need to file the appropriate motions, depending upon what has been filed in court already. The attorney can review the court file to determine what needs to be filed. It may be a motion to vacate a judgment based upon lack of service, lack of jurisdiction, etc., or a motion to dismiss.

Ultimately, you will likely have to go through a paternity proceeding in court and submit to DNA testing in order to resolve the issue once and for all.

If you are the biological father, you have financial responsibilities to the child. But you also have rights to be a parent to that child, with visitation and/or custody rights.

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Gloria M

Please be aware that my answer is not legal advice, it is merely informational and educational. This public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights. You should consult with an attorney in your area for specific information relevant to your situation.