Some Top Questions About Declarations of Parentage in California Are Answered
Two important questions are answered about Declarations of Parentage.
How Do I Rescind a Voluntary Declaration of Parentage?A Voluntary Declaration of Parentage may be rescinded by either parent within sixty (60) days of its execution, unless there is a Court Order regarding visitation or custody in place. (Family Code §7575(a)). In order to rescind the form, a rescission form must be filed with the Department of Child Support Services.
Additionally, the father who signed the form has two (2) years from the date of the child’s birth to request Court ordered genetic testing to determine biological paternity. (Family Code §7541).
The Voluntary Declaration of Parentage may be set aside if the father proves he is not the child’s biological father. (Family Code §7575(B)(3)(a)). Alternatively, a mother may request genetic testing of the father and set aside the Voluntary Declaration if the testing proves a man is not the child’s biological father. (Family Code §7575(B)(3)(a)). The Court may refuse to set aside the Voluntary Declaration if it is not within the best interests of the child to do so. (Family Code §7575(B)).
What if One Parent Refuses to Sign a Voluntary Declaration of Parentage?two years from the child’s birth date is to file a Petition to Establish a Parental Relationship (FL-200) with the Court. Once this form is filed, the Court may order genetic testing to prove paternity where contested. If paternity is proven through genetic testing or alternatively, it is not contested, filing a parentage action allows unmarried parents to attend mediation to facilitate a written agreement that establishes paternity, custody and visitation of the child.