Are You the Daddy or Not

In California, after signing a declaration saying that you’re the parent of a child, can you change your mind?

The answer is yes, but you only have a limited amount of time.

Under former Family Code section 7575, a challenger had a “reasonable time”, not exceeding six months, from the time when the judge first made an order for custody, visitation, or child support.

But effective January 1, 2020, the law changed, as to all voluntary declarations of paternity (VDOP) filed on or after January 1, 2020. Under the new law, a signatory may challenge a VDOP “only on the grounds of fraud, duress, and material mistake of fact, and only within two years after the VDOP was filed.”  (County of Los Angeles v. Lugo (2025) 2025 DJDAR 10759, 10760.)  The Lugo decision was a decision by the California Court of Appeal reversing a trial court for  holding that the new, more restrictive law applied even to VDOPs signed before January 1, 2020.

This distinction allowed Mr. Lugo, who filed a VDOP on March 24, 2015 indicating that he was the father a baby named T.I., to win his appeal. This is because it was not until 2023, about eight years later, that Los Angeles County sued Lugo to establish child support. Lugo then filed a response denying that he was the father.

The next year, in March 2024, Lugo filed a request to set aside the VDOP based on fraud. After Los Angeles County opposed the request as untimely, Lugo took the request off calendar.

Then, on April 30, 2024, the trial court granted L.A. County’s motion for judgment based on the VDOP and entered a minute order to this effect. Lugo’s attorney withdrew from representation that day. The judgment was formalized in paperwork filed on July 31, 2024, which required Lugo to pay $584.00 in monthly child support.

The plot thickens. On October 8, 2024, which was five months and eight days after entry of the child support minute order (not the judgment), Lugo filed a request to set aside the VDOP based on fraud.

Lugo claimed that the mother lied to him during her pregnancy by saying that he was the biological father. Then, a few weeks after signing the VDOP, Lugo was incarcerated for 180 days in jail for a criminal charge. Before he surrendered, a laboratory collected DNA samples from him and the child. Finally, on May 13, 2015, 59 days after he and the mom signed the VDOP and two days after he started his jail term, a lab sent his family the testing results, which indicated he was not the father.

Applying the old law to Lugo’s situation, the Court of Appeal unanimously held that even if the six month deadline started to run when the minute order was entered and not the later date when the formal judgment was filed, Lugo filed his request within five months and eight days after entry of the minute order. Of course, even under the old law, one must show compliance with not just the six month rule but with the requirement that the motion was filed “within a reasonable time.”  As to this second requirement, the justices in this case said that “given that Lugo’s counsel withdrew from the matter on the same day the court entered the minute order (April 30, 2024), and the court did not enter the child support judgment until three months later (on July 31, 2024), we conclude that Lugo filed his in proper request within a reasonable time.”

Interestingly, Lugo prevailed against the government in the Court of Appeal even though he was representing himself.

The Lugo case was certified for publication meaning that it is binding precedent on trial judges and attorneys throughout the State of California, including here in San Diego, even though the matter originated in Los Angeles County.

We’re Here to Support You Through Paternity Issues

If you find yourself facing questions about paternity, it’s important to understand your rights and the legal options available to you. Navigating paternity issues can be complex and emotionally challenging, but you don’t have to do it alone. Our experienced San Diego family law attorney from Andy Cook Law is here to help protect your parental rights and guide you through every step of the process. Don’t hesitate to reach out for a confidential consultation to discuss your case and get the support you deserve.