Set-aside of parentage judgment (Fam. Code 7646 proceedings): seek relief from LCSA genetic test order before tests or within 10 days after scheduled

10 days after date the administrative order scheduling the tests was issued (the scheduling act, not the test date), under Cal. Fam. Code 7648.2(d).

Rule text

7648.2: "If any person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require."

Cal. Fam. Code 7648.2(d), official source

Calculate this deadline

Deadline
Monday, November 16, 2026
  1. Trigger (Date the administrative order scheduling the tests was issued (the scheduling act, not the test date)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 10 calendar days: Monday, November 16, 2026.
Rules applied
Cal. Fam. Code 7648.2(d)
7648.2: "If any person refuses to submit to the tests after receipt of the administrative order pursuant to this section and fails to seek relief from the court from the administrative order either prior to the scheduled tests or within 10 days after the tests are scheduled, the court may resolve the question of paternity against that person or enforce the administrative order if the rights of others or the interest of justice so require."
Official source
Cal. Code Civ. Proc. 12, 12a, 10; Cal. Rules of Court, rule 1.10 (applied in family law by Fam. Code 210)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a: "(a) If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays.(b) This section applies to Sections 659, 659a, and 921, and to all other provisions of law providing or requiring an act to be performed on a particular day or within a specified period of time, whether expressed in this or any other code or statute, ordinance, rule, or regulation." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135." CRC 1.10(a): "The time in which any act provided by these rules is to be performed is computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday, or other legal holiday, and then it is also excluded." CRC 1.10(b): "Unless otherwise provided by law, if the last day for the performance of any act that is required by these rules to be performed within a specific period of time falls on a Saturday, Sunday, or other legal holiday, the period is extended to and includes the next day that is not a holiday." Fam. Code 210: "Except to the extent that any other statute or rules adopted by the Judicial Council provide applicable rules, the rules of practice and procedure applicable to civil actions generally, including the provisions of Title 3a (commencing with Section 391) of Part 2 of the Code of Civil Procedure, apply to, and constitute the rules of practice and procedure in, proceedings under this code."
Official source
  • Same ambiguity as 7558(e). Subdivision lettering per leginfo text order; verify. Same trigger as 7558(e): the scheduling act. [Validation 2026-11, Q0427] Same ambiguity as 7558(e). Subdivision (d) verified. [Validation 2026-11, Q0422. Authority: Cal. Fam. Code 6322.5(c)(2); Cal. Fam. Code 2211(g) (current version); Cal. Fam. Code 17400(p) (version operative Jan. 1, 2026)]
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.

This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the administrative order scheduling the tests was issued (the scheduling act, not the test date) on Monday, March 15, 2027, personal service: due Thursday, March 25, 2027.

  1. Trigger (Date the administrative order scheduling the tests was issued (the scheduling act, not the test date)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 10 calendar days: Thursday, March 25, 2027.

Notes

Same ambiguity as 7558(e). Subdivision lettering per leginfo text order; verify. Same trigger as 7558(e): the scheduling act. [Validation 2026-11, Q0427] Same ambiguity as 7558(e). Subdivision (d) verified. [Validation 2026-11, Q0422. Authority: Cal. Fam. Code 6322.5(c)(2); Cal. Fam. Code 2211(g) (current version); Cal. Fam. Code 17400(p) (version operative Jan. 1, 2026)]

Related deadlines

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Rules current as of 2026-10-23. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.