Motion to set aside judgment of parentage based on genetic testing
24 months after earlier of: date previously established father knew or should have known of the parentage judgment, or of the action to adjudicate parentage, under Cal. Fam. Code 7646(a)(1), (b).
Rule text
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 the father's parentage 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 parentage, whichever is first
Calculate this deadline
- Trigger (Earlier of: date previously established father knew or should have known of the parentage judgment, or of the action to adjudicate parentage): Friday, November 6, 2026.
- Add 24 months: Monday, November 6, 2028.
Cal. Fam. Code 7646(a)(1), (b)
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 the father's parentage 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 parentage, whichever is firstOfficial 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
- Enter the EARLIER knowledge date. Not available where the child is presumed a child of the marriage under 7540, the parent is a parent under 7613 or 7962, or the action is barred by 7630(a)(2) (7646(b)). Knowledge date is fact-dependent; REVIEW.
- 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
Earlier of: date previously established father knew or should have known of the parentage judgment, or of the action to adjudicate parentage on Monday, March 15, 2027, personal service: due Thursday, March 15, 2029.
- Trigger (Earlier of: date previously established father knew or should have known of the parentage judgment, or of the action to adjudicate parentage): Monday, March 15, 2027.
- Add 24 months: Thursday, March 15, 2029.
Notes
Enter the EARLIER knowledge date. Not available where the child is presumed a child of the marriage under 7540, the parent is a parent under 7613 or 7962, or the action is barred by 7630(a)(2) (7646(b)). Knowledge date is fact-dependent; REVIEW.
Related deadlines
- Rescind voluntary declaration of parentage (60 days after)
- Challenge to voluntary declaration of parentage by non-signatory (24 months after)
- Action to challenge parentage of spouse presumed parent under Fam. Code 7540 (file and serve) (24 months after)
- Signatory's challenge to voluntary declaration of parentage (fraud, duress, material mistake of fact) (24 months after)
- Parentage genetic testing: request recalculation of relationship index using different ethnic/racial group within 30 days after receipt of report (30 days after)
- LCSA administrative order for genetic testing: seek court relief before the test or within 10 days after tests are scheduled (10 days after)
- 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)
- VDOP signed by a minor parent: establishes parentage 60 days after both signatories are 18 or emancipated (60 days after)
Local rules by county
County local rules and courtroom procedures can add to or change this deadline. Pick a county to calculate with them applied.
- Alameda
- Alpine
- Amador
- Butte
- Calaveras
- Colusa
- Contra Costa
- Del Norte
- El Dorado
- Fresno
- Glenn
- Humboldt
- Imperial
- Inyo
- Kern
- Kings
- Lake
- Lassen
- Los Angeles
- Madera
- Marin
- Mariposa
- Mendocino
- Merced
- Modoc
- Mono
- Monterey
- Napa
- Nevada
- Orange
- Placer
- Plumas
- Riverside
- Sacramento
- San Benito
- San Bernardino
- San Diego
- San Francisco
- San Joaquin
- San Luis Obispo
- San Mateo
- Santa Barbara
- Santa Clara
- Santa Cruz
- Shasta
- Sierra
- Siskiyou
- Solano
- Sonoma
- Stanislaus
- Sutter
- Tehama
- Trinity
- Tulare
- Tuolumne
- Ventura
- Yolo
- Yuba
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.