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CA SB1260

Bill

Status

Introduced

2/23/2012

Primary Sponsor

Roderick Wright

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Permits the mother, man who signed the voluntary declaration of paternity, child, or legal representatives to bring a motion to set aside a voluntary declaration of paternity based on fraud, duress, or material mistake of fact within 2 years of discovering the signatory was not the biological father.

  • Prohibits parties from challenging a paternity judgment if they knew or should have known at the time of the initial action that the previously established father was not the biological father.

  • Requires courts to give greatest weight to the nature, duration, and quality of the relationship between the established father and child, and any request to continue the parent-child relationship when determining the child's best interests.

  • Allows courts to set aside paternity judgments when genetic testing shows the previously established father is not the biological father, if doing so is in the child's best interest after considering specified factors.

  • Eliminates the factor regarding whether the established father's conduct impaired the ability to identify or obtain support from the biological father.

Legislative Description

Paternity.

Last Action

Set, first hearing. Held in committee without recommendation.

5/8/2012

Committee Referrals

Judiciary3/8/2012
Rules2/23/2012

Full Bill Text

No bill text available