Quick ques California
Hi,
Looking to help a family member if possible or if there are any sites that may help. Im.a stepparent but asking about someone else just seeing if I can get help or ideas on where to go before speaking to an attorney. I've had a hard time finding other stories like theirs.
Basically the father is not the bio dad of the child. He found out a yr after signing the birth certificate. The child even has his last name. They had another child together a year before that he knows is his so he believed the next was his but she's not. He has full custody of his first but not the other. The other was actually put in guardianship of the mothers cousin so the mother is not caring for either. The child is 5yo now and he is trying to find a way to terminate his rights or to stop child support for the child that was proven by DNA testing not his. The mom even agrees its not his but she's a HCBM and isn't helping other than finally admitting he's right.
The child support case was done in California but the dad is states away with his first and only child.. We are just looking to see if there's anything he can do to stop the obligations, if possible. He is on good terms with the Guardian and he doesn't know the bio father's name but he's seen him before. Has anyone heard of a story like this where the father wasn't the dad and was successful in ending this?
In California, doubtful. The
In California, doubtful. The state looks at the best interest of the child & without anyone else to step up it is unlikely to end CS. He signed the AOP & accepted the child support order either of which would make him the legal father - regardless of biology. The time to dispute those are long passed. You would need to prove fraud AND find bio-daddy to have a hope of ending CS.
Agree and good point
Thank you im beginning to think this too. Right now the mothers cousin has guardianship but she would have to adopt the child and I believe she's fine as just the Guardian. That's true with best interest. I wonder how the mother just gets away scot free from any responsibilities at all. But yea he has to find that dad. Thanks for your help.
"I wonder how the mother just
"I wonder how the mother just gets away scot free from any responsibilities"
Because it's California. My DH had cutody and was admonished in court to not seek out CS from Meth Mouth as the judge would not issue it...yep good old Califronia letting the dad know up front mom could be a deadbeat drug addict loser and they would still side with her.
So true
Wow that state really is different. I didn't want to get too into the mother but yea she's been on drugs heavy, prostitutes, lost custody or gave away the other 2 first kids, my family member's daughter, he was able to get her from bm's sister pretty easily and the Guardian took the youngest, the 4th one just months after birth as she just let her have her.. Insane how that state operates and covers it with best interest geez. Crazy enough the family member that has his daughter he claims her the first time this year after he's had her the past 5yrs and she goes insane saying "you know I had her!" Omg...lol wow all she cares about of course. Doesn't keep them but takes the money she can get. Just insaaane