This form is a generic affidavit that may be referred to when preparing an affidavit of a married woman whose gave birth to a child and the child is not the child of her husband.
A California Affidavit of Wife Denying Husband is Father of a Child is a legal document used to formally state that a husband is not the biological father of a child. This affidavit is typically filed in cases where paternity is in question, aiming to disprove the husband's legal responsibility for the child. In California, there are generally two types of Affidavits of Wife Denying Husband is Father of a Child: the Voluntary Declaration of Paternity (GDP) and the Petition to Disestablish Paternity. These documents serve different purposes and have specific requirements: 1. Voluntary Declaration of Paternity (GDP): This affidavit is typically signed voluntarily by both parents at the hospital shortly after the child's birth. Its purpose is to establish legal paternity and ensure the father's rights and responsibilities to the child. However, in some cases, the wife may later file an Affidavit denying the husband's paternity after finding out that he may not be the biological father. 2. Petition to Disestablish Paternity: This type of affidavit is filed in family court when the husband wishes to legally proclaim that he is not the child's biological father, even if he had previously signed a Voluntary Declaration of Paternity. The husband must provide a valid reason to challenge paternity and present DNA testing results that dispute his biological relationship to the child. When drafting an Affidavit of Wife Denying Husband is Father of a Child, it is crucial to include relevant information such as: 1. Heading: Start the affidavit with proper court heading, including the case name, number, and court jurisdiction. 2. Identification: Clearly state the affidavit's purpose and the names of parties involved (husband, wife, and child). 3. Details of Marriage: Provide a brief summary of the marriage, including the date of the wedding and any legal arrangements made during the union. 4. Claim of Non-Paternity: Clearly and explicitly declare that the husband is not the biological father of the child and explain the circumstances involved in marital infidelity or other factors leading to doubt. 5. Supporting Evidence: If available, attach any supporting documentation or DNA test results that substantiate the wife's claim of non-paternity. 6. Statement of Truth: Include a statement asserting that the information provided in the affidavit is true and accurate to the best of the wife's knowledge. It is essential to understand that making false statements under oath can have legal consequences. 7. Signatures and Notarization: Both the wife and the husband (if cooperative) should sign the affidavit under penalty of perjury. Notarize the document to ensure its legality and acceptance in court. The California Affidavit of Wife Denying Husband is Father of a Child plays a crucial role in protecting the rights and interests of both the father and the child involved in paternity disputes. Seeking professional legal advice is highly recommended navigating the intricacies of this legal process effectively.
