Legal Question in Family Law in California

Sir/Ma'am,

I live in California and filed for child support in April. I was not married at the time so my daughter's father signed a Declaration of Paternity and that was over 3 years ago. Now that I have filed for child support he wants to prolong the process and has requested genetic testing. Will the court grant his request even though it's been over 3 years and he's clearly doing it out of spite?


Asked on 8/09/10, 8:26 pm

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I'm assuming that the Voluntary Declaration of Paternity was filed with the Department of Child Support Services. A complete voluntary declartion of paterinty, that has been filed with the Department of Child Support Services shall establish the paternity of a child and have the same force and effect as a judgment for paternity issued by a court. (Fam. Code, sect. 7573.)

Either parent may rescind the voluntary declaration of paterinty by filing a rescission form with the Department of Child SUpport Services within 60 days of execution, unless a court order for visitation, custody or support has been entered in a court case in which the parent seeking to rescind was a party.

Genetic testing may be ordered to rebut a voluntary declaration of paternity, unless the court finds that the denial of an action to set aside the voluntary declaration of paternity is in the best interest of the child. A list of factors that the court uses to make that determination is set forth in Family Code section 7575 subd. (b)(1).

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Answered on 8/15/10, 11:09 am


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