What is a default judgment in a paternity case?

A default judgment in a paternity case is a legal ruling made based on one party not responding or “defaulting.” This ruling means that the court will assume the paternity of the child by the non-defaulting party. In California, the default judgment is determined by the Family Code, which states that a presumed father can be established by a man who consents to be a father, receives the child into his home and openly holds out the child as his natural child. If a man fails to contest a paternity claim within 30 days of being served with the claim, the court will assume the man is the father and issue a default judgment. The non-defaulting party can then have the paternity established without the other party’s cooperation or consent. This means that the default judgment could be made without the accepted man’s presence or involvement in court. If a default judgment is made, it may be reversed if the defaulting party shows up at the court and can prove the paternity is not legitimate.

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What is a default judgment in a paternity case?

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