Legal Question in Family Law in California
i signed a declaration of paternity and filed to get it set aside less than a year later. I never made it to court because i was on drugs and in and out of prison. it has been 9 years. i finally got my life turned around. What can i do
1 Answer from Attorneys
If you filed a lawsuit to set aside the declaration of paternity and the court dismissed it years ago, then you have a statute of limitations problem if you file a new case. That is because an action to set aside a voluntary declaration of paternity must filed within two (2) years of the child's birth. (Fam. Code, � 7575, subd. (b)(3).)
If the lawsuit was filed and is still pending, you will not have a problem with the statute of limitations, but you may have problem proving that it is in the best interest of the child having you walk out of some kid's life after nine (9) years.
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