Dedicated Representation Exclusively in Family Law Entrust your case to Attorney Paul Eads.

California Family Code

Family Code section 7646

ARTICLE 1.5. Setting Aside or Vacating Judgment of Paternity [7645 - 7649.5]

( Article 1.5 added by Stats. 2004, Ch. 849, Sec. 4. )

7646.

(a) Notwithstanding any other provision of law, a judgment establishing paternity may be set aside or vacated upon a motion by the previously established mother of a child, the previously established father of a child, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of a child is not the biological father of the child. The motion shall be brought within one of the following time periods:

(1) Within a two-year period commencing with the date on which the previously established father knew or should have known of a judgment that established him as the father of the child or commencing with the date the previously established father knew or should have known of the existence of an action to adjudicate the issue of paternity, whichever is first, except as provided in paragraph (2) or (3) of this subdivision.

(2) Within a two-year period commencing with the date of the child’s birth if paternity was established by a voluntary declaration of paternity. Nothing in this paragraph shall bar any rights under subdivision (c) of Section 7575.

(3) In the case of any previously established father who is the legal father as a result of a default judgment as of the effective date of this section, within a two-year period from January 1, 2005, to December 31, 2006, inclusive.

(b) Subdivision (a) does not apply if the child is presumed to be a child of a marriage pursuant to Section 7540.

(c) Reconsideration of a motion brought under paragraph (3) of subdivision (a) may be requested and granted if the following requirements are met:

(1) The motion was filed with the court between September 24, 2006, and December 31, 2006, inclusive.

(2) The motion was denied solely on the basis that it was untimely.

(3) The request for reconsideration of the motion is filed on or before December 31, 2009.

Client Testimonials

  • “I recommend him to everybody! Thank you and God Bless!”

    Cee M.

  • “He is fair, honest, and very knowledgeable about all aspects of law.”

    Josh L.

  • “Mr. Eads, I am forever grateful for your top-notch service.”

    Jenna P.

  • “Patient, Focused and Fair.”

    Mo S.

  • “Mr Eads Esq is the best around. ”

    Chris T.

  • “I felt very comfortable with Mr. Eads in my corner going into my trial and I found that the outcome was much more than I ever expected to receive. ”

    J.L.

  • “Mr. Eads was very patient with me and was able to resolve my case in a short period of time. ”

    Heather C.

  • “Mr. Eads was able to help structure a settlement that allowed me to keep my business while sharing the business debts with my ex.”

    J.A.

  • “Mr. Eads, you are a true master in your field and I will always be available should any of your prospective clients want to contact me as a reference.”

    Peter K.

  • “Mr. Eads when to bat for me and in my opinion, hit a home run.”

    Veronica S.

  • “He was very sympathetic to my cause and was very reassuring when I needed his assistance. ”

    Albert N.

  • “Paul is fair and honest and I'm glad I chose him to represent me.”

    Happy Client

  • “His knowledge and experience in family law radiates through his conversations and he made me feel comfortable.”

    Therisa H.

  • “It was definitely a no hassle experience. Thank you!”

    Shannon R.

  • “I am happy I found him and I recommend him to anyone in need of a family attorney.”

    Silvia M.