If your spouse contests the paternity of your child, the parties must file a dissolution or legal separation action. Once the petition is filed and served on the other party, the party contesting the paternity needs to file an order to show cause or a notice of motion to request a court order for DNA testing. Under the California Family Code, it is assumed that the child is the husband’s biological child if the child was born during the marriage.
If the DNA test proves that the husband is not the father, then the husband has two years from the discovery of this information to renounce paternity. It is important that the husband brings a hearing to do this before the two-year statute of limitations runs because otherwise, he could be responsible for support for an indefinite period of time.