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AB 252 Paternity Dis-Establishment
  • AB 252 - Paternity Dis-Establishment

 

Are you named as the father of a child, but you do not believe that you really are?

Do you believe the man named as your child's father is not the real father?

  • 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.

Note: There can be other circumstances which make you ineligible.

 
For help or more information, contact:
Stanislaus County
Department of
Child Support Services
251 East Hackett Road
Modesto, CA 95358
(866) 901-3212
OR Stanislaus County
Family Law Facilitator
Stanislaus County Superior Court
800 11th Street, Room 220
Modesto, CA 95353
You may also contact a lawyer for help or more information.
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