TMZ recently reported that porn star Devon James, a.k.a. Melinda Jannette, has filed a paternity action against Tiger Woods. The alleged mistress filed in Manatee County, Florida, asking a judge to determine the paternity of Austin Brinling, her 9-year-old son. According to documents attached to the petition and obtained by TMZ, the legal action is designed to “establish paternity, parental responsibility, time-sharing, and/or child support of a minor child or children.” James’ mother currently has custody of the boy and claims a DNA test was performed in 2002 that showed another man was the child’s father; however, James wants to force Tiger to submit to DNA testing.
Not only is knowledge of a child’s paternity vital for medical history reasons, but is also important for a child’s wellbeing and development. It is the goal of California to enable all children to have the same rights as children of married couples including child support awards and access to benefits such as social security, health insurance, survivors’ benefits, military benefits, and inheritance rights.
Under CFC Section 7611, a man is presumed to be the father of a child if he and the child’s mother were married and the child was born either during marriage or within 300 days after the marriage was terminated. If the mother and father were not married when the child was born, then the law only recognizes the father if paternity is legally established by a paternity test or by a Voluntary Declaration of Paternity in which both parents sign a declaration attesting to the child’s paternity.
Under California Family Code (CFC) Section 7551, in any civil action or proceeding in which paternity is a relevant fact, such as child support or paternity suits, the court may order the mother, child, and alleged father to submit to genetic tests. If a party refuses to submit to the tests, the court may resolve the question of paternity against that party or enforce its order.
If you are involved in a paternity suit, you should seek the assistance of an experience family law attorney. The family law attorneys at Wallin & Klarich have been handling cases like yours for more than 30 years. Our Southern California attorneys will conduct a thorough review of the details of your case, and will advocate on your behalf to get you and your family the best possible outcome. Call Wallin & Klarich today at (888) —— and visit us on our website at www.wkfamilylaw.com to speak with one of our attorneys regarding your case. We will be here when you call.
