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AB 252 - Paternity Dis-Establishment
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Are you named as the father of a child, but you
do not believe that you really are?
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Do you believe the man named as your child's
father is not the real father?
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- This does not apply to judgments of
dissolution, legal separation, or nullity.
- Depending on your circumstances, there is a
time limit that you can ask the court to cancel
the paternity judgment where you were named the
father. Or, you can ask the court to cancel the
voluntary declaration of paternity that you
signed.
- To start the process, you must file a
motion with Family Court in the county where
the court order is currently registered. You
should contact the Department of Child Support
Services for more information before you decide
to file a motion. They may arrange paternity
testing for you.
If paternity testing shows the man previously
determined by the court to be the father is not
the biological father, the court may cancel the
paternity judgment or voluntary declaration of
paternity if they believe it is in the best
interest of the child. In that situation, the
court may stop any future child support and
eliminate all past-due child support owed
(arrears).
If the paternity test shows that you are the
father, your voluntary declaration of paternity
or paternity judgment will not be cancelled.
- Child support already paid will not be
refunded.
- You are not eligible for consideration if:
- You were married to each other and
living together when the child was
conceived.
- Your court order was established in a
state other than California.
- You adopted the child.
- Your child was conceived by artificial
insemination.
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Note: There can be other circumstances which
make you ineligible.
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For help or more information, contact:
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Stanislaus County
Department of
Child Support Services
251 East Hackett Road
Modesto, CA 95358 (866) 901-3212
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OR
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Stanislaus County
Family Law Facilitator
Stanislaus County Superior Court
800 11th Street, Room 220
Modesto, CA 95353
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You may also contact a lawyer for help or
more information.
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