Discussions

Paternity cases are usually associated with fathers fighting to gain rights to their children. However, a significant portion of family law revolves around the opposite scenario: men who have been wrongly identified as fathers and wish to contest parentage. This is a legally complex and emotionally difficult situation, often involving issues of fraud, infidelity, or simple mistake.
In California, the law prioritizes the stability of the child’s life. Because of this, "un-doing" paternity is much harder than establishing it. If you have doubts about your biological relationship to a child you are supporting or raising, you must act immediately. Waiting even a few months can permanently seal your legal fate. This is why retaining a skilled paternity lawyer in Orange County is critical the moment suspicion arises.
Challenging the Voluntary Declaration of Paternity (VDOP)
Many fathers sign the Voluntary Declaration of Paternity (VDOP) at the hospital, caught up in the emotion of the birth. By signing this, you waived your right to a DNA test and accepted all legal responsibilities.
However, California law recognizes that mistakes happen.
• The 60-Day Window: You have a strict 60-day period after signing the VDOP to file a "Rescission Form" with the Department of Child Support Services. This cancels the legal effect of the signature without needing a complex court battle.
• After 60 Days: Once that window closes, challenging the VDOP becomes significantly harder. You must prove legally valid reasons for the challenge, such as fraud (the mother lied to you about being the only possible father), duress (you were forced to sign), or material mistake of fact.
The Two-Year Statute of Limitations
If you missed the 60-day rescission window, California Family Code generally allows a man to challenge a voluntary declaration of paternity within two years of the child’s birth (or two years from the execution of the declaration).
If you wait longer than two years, the court may deny your request to disestablish paternity, even if a DNA test proves you are not the biological father. The court applies a "best interest of the child" standard. If you have acted as the father for several years, the court may decide that removing you from the child's life would be too emotionally damaging, effectively locking you into the role of legal father regardless of biology.
Presumed Fathers and Marriage
The stakes are even higher for married men. Under California’s "Conclusive Presumption," a child born to a married woman cohabiting with her husband (who is not impotent or sterile) is conclusively presumed to be a child of the marriage. Historically, this presumption could not be challenged. Today, the law allows a husband to challenge this presumption using genetic testing, but strictly within two years of the child’s birth. If you suspect infidelity, you cannot "wait and see." You must file a motion for genetic testing immediately.
The Process of Disestablishing Paternity
To contest paternity, your paternity lawyer in Orange County will typically follow these steps:

1. File a Motion to Set Aside Judgment: If a judgment was already entered (for example, by default because you didn't respond to a DCSS letter), your lawyer must ask the court to set it aside based on specific legal grounds.
2. Request Genetic Testing: Your lawyer will petition the court to order a DNA test for you, the mother, and the child.
3. Stop Support Orders: If the court agrees to hear the case, your lawyer will ask to stay (pause) any wage garnishments or support enforcement until the DNA results are back.
   What Happens if You Are Not the Father?
   If the DNA test confirms you are not the biological father and the court grants your motion to set aside the judgment:
   • Child Support Stops: Your ongoing obligation to pay child support will be terminated.
   • Arrears (Past Debt): This is complex. Generally, you cannot recover money you already paid. However, the court may cancel unpaid debts (arrears) that accrued during the period you were wrongly identified as the father.
   • Custody Rights: You will likely lose legal rights to custody or visitation, as you are no longer a legal parent.
   The Importance of Legal Counsel
   Attempting to contest paternity without a lawyer is dangerous. The Department of Child Support Services (DCSS) is aggressive in enforcing judgments, and procedural errors on your part can lead to a lifetime of debt for a child that is not yours.
   If you have been served with a summons for parentage, or if you signed a VDOP under false pretenses, do not wait. Time limits in paternity law are unforgiving. Contact an experienced attorney in Orange County to review your options and request the necessary genetic testing before the statutory window closes.