Yes, if they have valid grounds to do so. This can include genetic test results showing they are not the biological father or evidence of fraud or duress when signing a paternity or parentage acknowledgment.
Family relationships can be complicated. Challenging one’s paternity or parentage is not an easy decision to make. There can be many reasons why, ranging from practical, legal motivations to deeply personal ones. In most cases, it’s about finding the truth and clarifying responsibilities and rights – all of which can greatly impact a person’s life, as well as the child’s future.
Defining “father” and “parentage” under California law
Parentage is the legal acknowledgment of being a child’s parent. This comes with specific rights and responsibilities such as custody, visitation and child support obligations. Even if you are the biological or presumed father, you still need to establish legal paternity through certain processes. These include:
- Signing a Voluntary Declaration of Parentage (VDOP)
- Obtaining a court order
- Completing a formal adoption process
Even if others see you as the biological or presumptive father, you still need to establish parentage if you want to have legal rights and responsibilities for the child.
On what grounds can you challenge parentage?
You can challenge parentage, but it can be a difficult process that requires professional legal guidance:
- Rescinding or challenging a VDOP: In California, you can cancel a VDOP within 60 days of signing. If this period has passed, you may need to file a court motion. Valid grounds to challenge a VDOP in court include fraud, coercion or an error in fact occurred.
- Appealing or setting aside a court order: You can file a motion to vacate a judgment of parentage if genetic testing indicates that the established father is not the biological father. However, you must file this motion within two years from when you knew or should have known about the parentage judgment or related action.
Parentage established through adoption can be difficult to challenge since it creates a permanent legal parent-child relationship. However, you might challenge it in rare cases like fraud or major mistakes during the adoption.
Challenging one’s parentage can be complicated. It requires understanding specific legal procedures and meeting strict deadlines. Moreover, having comprehensive evidence is crucial. Working with an attorney may be necessary.