Generally, when a party files a paternity action, it is because the child’s mother and purported father disagree over the child’s parentage. In some instances, though, both parties will acknowledge a child’s paternity and will file legal documents stating as such. While they have the right to do so, such documents should not be entered into lightly as they can be difficult to set aside, as illustrated in a recent California paternity case. If you need assistance establishing or disputing a child’s paternity, it is in your best interest to speak to a San Diego paternity attorney to assess your options.
History of the Case
It is alleged that the father signed a voluntary declaration of parentage in 2007 after the birth of a child with his ex-wife. In 2020, the Los Angeles County Child Support Services Department initiated legal action to obtain a child support order from the father for the child. In response, the father filed an application to set aside the Parentage Declaration he signed years ago.
Reportedly, the father claimed that his request to set aside the declaration was based on numerous grounds, including fraud, material mistake of fact, his own mistake, and the failure of the hospital to adequately explain the form he signed. He also alleged that he was not the child’s biological father and offered DNA test results in support of his assertion. The Trial Court denied the father’s application, and he appealed. Continue reading