How to Set Aside a Paternity Judgment in California
In San Diego paternity cases, when a judgment for paternity has been entered, it is not uncommon for the previously established father to later find out that he may not be the biological father. California Family Law Code section 7645 outlines procedures on how to set aside a paternity judgment. Read on to learn more.
Instructions on How to Set Aside a Paternity Judgment
California allows a previously established father to set aside a paternity judgment if genetic testing confirms he is not the father. The following persons can file a motion to set aside a paternity judgment:
- A previously established mother
- A previously established father
- A child
- A legal representative of any of the persons mentions above
- A Local Child Support Agency
The motion to set aside the judgment must be brought within the following time frames:
- Within two years from the date in which the previously established father knew or should have known of a judgment that established him as the father of the child.
- Within two years from the date of the child’s birth if paternity was established by a voluntary declaration of paternity.
In order to set aside a paternity judgment in California, you must complete the following forms:
- Notice of Motion to Set Aside Judgment of Paternity – FL 272
- Declaration in Support of Motion to Set Aside Judgment of Paternity – FL 273
- Serve the opposing part with a blank copy of the Response to Notice of Motion to Set Aside Judgment of Paternity – FL 276
- Order After Hearing on Motion to Set Aside Judgment of Paternity – FL 278
If paternity was established by a Voluntary Declaration of Paternity, the motion must be filed on form FL 280. This form has specific requirements. See Family Law Code section 7647 for more information. Genetic testing will be required to confirm paternity. If the paternity judgment resulted from a divorce or legal separation action, a motion cannot be filed. The paternity judgment must have been issued in California.
The court can deny the order to set aside a paternity judgment even if it is later found that the previously established father is not the biological father. The court will do what is in the best interest of the child. Contact San Diego Esquire for more information on how to set aside a paternity judgment in California. We can help you complete and file the necessary forms to set aside the judgment. We can also represent you in court. We are based out of San Diego and provide paternity legal services to residents of California.