Can I disestablish paternity after it has been established?

Yes, it is possible to disestablish paternity after it has been established in California. In California, paternity can be established through an administrative process with the California Department of Child Support Services or through a court process. Paternity can be voluntarily or involuntarily established and can be disestablished if either party or both parties file a legal action. Once paternity is established, either party may file a motion to set aside the paternity order or judgment. This motion must be filed within two years of when paternity was established or within two years of when the parent discovered that they were misidentified as the father. The motion must include an affidavit explaining why the parent believes they are not the father of the minor. The court will consider several factors when deciding whether to set aside a paternity order or judgment, such as whether the parent had a chance to challenge the paternity at the time of its establishment. Disestablishing paternity does not void a child support order. A child support order must be separately addressed if it is to be changed. A party wishing to disestablish paternity should consult with an attorney to understand the implications of filing a motion to disestablish paternity.

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