Q: Can a mother pursue child support from a biological father if legal paternity hasn't been set aside?

A: This situation raises serious legal and emotional complications. If the Affidavit of Parentage has not been legally set aside or rescinded, the man who signed it is still presumed to be the legal father under the law—even if a later DNA test shows he is not biologically related. Until a court officially vacates that affidavit and disestablishes paternity, he remains legally responsible, including for child support, and also holds potential rights to custody or parenting time based on his established relationship with the child.

If the mother is now pursuing the biological father for child support without first setting aside the Affidavit of Parentage, she may be acting prematurely. A court generally will not impose a support obligation on a second man while legal paternity remains in place with the first. In many states, only one legal father can be assigned financial responsibility at a time. Pursuing a second man without correcting the first legal designation could lead to challenges, delays, or dismissal of her child support case.

Before seeking support from the biological father, she must ask the court to set aside the existing legal paternity by showing evidence of fraud, duress, or mistake. Only after that legal process is complete can the court establish the biological father as the new legal parent and enforce support obligations. Rushing ahead without clearing the legal path may not only backfire—it risks undermining the very claim she’s trying to make. The child deserves clarity and stability, and that begins with untangling what the law still recognizes.