Can I apply for a paternity test in California?
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?
12/05/2016 |
Category: Paternity ยป DNA Test |
State: California |
#27525
Answer:
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.
