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Barrister, Attorney
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Experience:  17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Two brothers are in a three sided relationship with a woman

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Two brothers are in a three sided relationship with a woman who has become pregnant. They all live together in California and the woman alternates who she sleeps with every other night.

The relationship is now unstable and may break up before the birth of the child.

If they are no longer living together and the new mother seeks public assistance in California will the state hold both men responsible for the support of the baby? Will the court require a paternity test and assign responsibility for support to the father? Are paternity tests able to clearly identify which brother is the father or does their close genetic relationship make the paternity test results unreliable?

Before any person can be held responsible for child support, the mother or father will have to file a paternity action to determine who is the biological father of the child. The court will then order a DNA test in order to determine whether the person is the father of the child. Is paternity is determined, then he would be responsible for support as well as having custody/visitation rights to the child.
And yes, each individual's DNA is different enough, even in siblings, so that one can be distinguished from the other with a DNA test performed on both of them and the child. Even identical twins, who share very similar genes, can be differentiated.






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