What if I’m married, but my spouse contests the paternity of our child?
If the parties are married, then the procedure to determine paternity is different. The parties will 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 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.