Legal Question in Family Law in California
Contesting Paternity
If a Declaration of Paternity has been signed at the hospital after birth but no child support case has been opened, how long does the father have to contest paternity?
1 Answer from Attorneys
Re: Contesting Paternity
You have 60 days from the date of signing to file a rescission with Child Support Services. If the 60 day period has passed, you will have to apply to the court for a paternity test, and if the results are negative, you will have to request the court to rescind the voluntary dceclaration of paternity. The amount of time you have to seek a court order is not fixed by law, but the court can deny your request if the court thinks you waited too long, even if the paternity test shows you are not the biological father of the child. So the sooner you act, the better.