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Skip Navigation Links Home > Legal Corner > Paternity Dis-Establishment

Paternity Dis-Establishment

Paternity testing can determine a man is the father of a child named in a child support order. However:

  • This does not apply to judgments of dissolution, legal separation, or nullity.
  • Depending on a man's circumstances, there is a time limit that a man can ask the court to cancel the paternity judgment where he was named the father. Or, a man can ask the court to cancel the voluntary declaration of paternity that he 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 it believes 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).

  • 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.
  • Your child was carried by a surrogate mother.

  • Note - there can be other circumstances which make you ineligible.

    For help or more information, contact the Department of Child Support Services or the Family Law Facilitator.