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CALIFORNIA FAMILY CODE
Setting Aside or Vacating Judgment of Paternity
Family Code Section 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
(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.