Genetic testing is only available under certain circumstances for parties who have current child support cases with our office. Our office will not administer a genetic test if a prior order in the case has established paternity for the child in question. Please contact our office for more information.
Court Determined Paternity
If paternity is in question, the court may order the mother, child, and alleged father to take a genetic test. The alleged father has the right to a hearing to decide the issue of paternity. The court hearing gives the alleged father an opportunity to present his case to the court. In addition to the right to a hearing, the alleged father’s rights include:
- The right to present and cross-examine witnesses
- The right to have an attorney represent him
- The right to have an attorney appointed to represent him, if he cannot afford one
If the alleged father fails to answer the Summons and Complaint, then the court can name him the legal father by default.
On Sept. 28, 2004 Governor Schwarzenegger signed Assembly Bill (AB) 252 into law. AB 252 allows the court to set aside previously established paternity judgments and related child support orders if the court determines the father named in the court order is not the biological father of the child or children.
According to AB 252, parents have very strict timeframes to seek assistance from the court. Immediately contact an attorney or the Family Law Facilitator if you believe AB 252 may apply to your case. For further information about AB 252 contact the Department of Child Support Services.