Legal Question in Family Law in California

If I am served child support papers and I am not sure if the child is mines how do I contest the parternity?


Asked on 3/21/12, 5:00 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

In California you only have two years to contest the parentage of a child. If you and the child's mother were married when the child was born there is a rebuttable presumption that you are the father. However, if you were not married then the presumption was not there.

If you were put on the birth certificate and you have known about it for two years your window is closed and under the law you will be considered the father.

I suggest you respond to the motion or order to show cause for support by objecting to it and bring a counter motion for a paternity test.

You really should speak to an attorney about this. It is a difficult motion to do and you will need a an attorney to help guide you through it.

If you would like to contact our office you can do so through our website at www.brianmcginitylaw.com .

Good luck

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Answered on 3/21/12, 5:57 pm
Anthony Roach Law Office of Anthony A. Roach

If you have been served with a Petition to Establish Parental Relationship (Judicial Council Form FL-200) then you respond by filing a response on form FL-220. I do suggest that you at least speak to an attorney, to get some assistance, before running off and filing documents on your own.

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Answered on 3/22/12, 4:44 pm


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