Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity

State:
California
City:
Burbank
Control #:
CA-FL-273
Format:
PDF
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Description

This is a Declaration in Support of Motion to Set Aside Judgment of Paternity. This form is used when the previously established father is not the biological father of the child. A copy of the declaration is filed for each child for whom relief is requested.


Title: Understanding the Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity Keywords: Burbank California, Declaration, Motion to Set Aside Judgment of Paternity Introduction: In Burbank, California, individuals facing issues related to paternity judgments can find relief through the Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity. This legally binding document plays a crucial role in challenging existing paternity judgments and seeking a fair and just resolution. This article provides detailed insights into the purpose, procedure, and potential variations of the Declaration. I. Purpose of the Burbank California Declaration: 1. Disputing Paternity Judgment: The Burbank California Declaration serves as a legal tool to challenge an existing judgment regarding paternity. It helps individuals who believe they have been wrongly identified as the biological or legal father of a child. II. Procedure to File the Declaration: 1. Consultation with an Attorney: Before filing the Declaration, seeking counsel from a family law attorney experienced in paternity matters is highly recommended. They can guide individuals through the complex legal process, ensuring all necessary steps and requirements are met. 2. Gathering Relevant Evidence: A strong Declaration requires supporting evidence to substantiate the motion to set aside the judgment of paternity. This may include DNA test results, witness statements, medical records, or any other documents confirming potential identification. 3. Drafting and Signing the Declaration: The individual filing the motion, known as the moving, must prepare a comprehensive Declaration. It should outline the reasons and evidence supporting the request to set aside the paternity judgment. The Declaration must be signed under penalty of perjury. 4. Filing the Declaration: The moving must file the Declaration at the court where the original paternity judgment was made. It is crucial to adhere to the court's specific guidelines and procedures. III. Types of Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity: 1. Standard Declaration: This type of Declaration applies when an individual seeks to disprove their biological or legal connection to a child, challenging the paternity judgment based on solid evidence. 2. Fraudulent Misrepresentation Declaration: In cases where a person has been fraudulently induced into accepting paternity, this Declaration alleges intentional deception by the opposing party. It seeks to void the paternity judgment due to the misrepresentation by the other party. 3. Default Judgment Declaration: If an individual failed to participate in the initial paternity case and is now seeking to set aside a default judgment, this Declaration aids in presenting the relevant reasons and evidence necessitating the reversal. Conclusion: The Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity is a crucial legal instrument granting individuals the opportunity to challenge an existing paternity judgment. By carefully following the appropriate procedures and presenting compelling evidence, one can seek a just resolution in matters of paternity. Seeking professional legal guidance is highly advisable to ensure the best possible outcome.

Title: Understanding the Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity Keywords: Burbank California, Declaration, Motion to Set Aside Judgment of Paternity Introduction: In Burbank, California, individuals facing issues related to paternity judgments can find relief through the Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity. This legally binding document plays a crucial role in challenging existing paternity judgments and seeking a fair and just resolution. This article provides detailed insights into the purpose, procedure, and potential variations of the Declaration. I. Purpose of the Burbank California Declaration: 1. Disputing Paternity Judgment: The Burbank California Declaration serves as a legal tool to challenge an existing judgment regarding paternity. It helps individuals who believe they have been wrongly identified as the biological or legal father of a child. II. Procedure to File the Declaration: 1. Consultation with an Attorney: Before filing the Declaration, seeking counsel from a family law attorney experienced in paternity matters is highly recommended. They can guide individuals through the complex legal process, ensuring all necessary steps and requirements are met. 2. Gathering Relevant Evidence: A strong Declaration requires supporting evidence to substantiate the motion to set aside the judgment of paternity. This may include DNA test results, witness statements, medical records, or any other documents confirming potential identification. 3. Drafting and Signing the Declaration: The individual filing the motion, known as the moving, must prepare a comprehensive Declaration. It should outline the reasons and evidence supporting the request to set aside the paternity judgment. The Declaration must be signed under penalty of perjury. 4. Filing the Declaration: The moving must file the Declaration at the court where the original paternity judgment was made. It is crucial to adhere to the court's specific guidelines and procedures. III. Types of Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity: 1. Standard Declaration: This type of Declaration applies when an individual seeks to disprove their biological or legal connection to a child, challenging the paternity judgment based on solid evidence. 2. Fraudulent Misrepresentation Declaration: In cases where a person has been fraudulently induced into accepting paternity, this Declaration alleges intentional deception by the opposing party. It seeks to void the paternity judgment due to the misrepresentation by the other party. 3. Default Judgment Declaration: If an individual failed to participate in the initial paternity case and is now seeking to set aside a default judgment, this Declaration aids in presenting the relevant reasons and evidence necessitating the reversal. Conclusion: The Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity is a crucial legal instrument granting individuals the opportunity to challenge an existing paternity judgment. By carefully following the appropriate procedures and presenting compelling evidence, one can seek a just resolution in matters of paternity. Seeking professional legal guidance is highly advisable to ensure the best possible outcome.

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FAQ

A Declaration of Parentage does not provide the Father with Parental Responsibility, it more simply confirms that the Father is the father of the child and provides a mechanism for the child's birth to be re-registered with the Father's details. Upon the making of a Declaration of Parentage.

Alternatively, a father can ask for a declaration of parentage. This does what it says on the tin ? it declares whether a named individual is the legal parent of another person under English Law.

How Long Does a Father Have to Establish Paternity? California's paternity law does not have a statute of limitations on establishing paternity. However, if there are any doubts at all about the father's paternity, the courts may order a blood test up to two years after the child's birth.

You must file the rescission form with the Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity. Only 1 parent needs to sign and file the form, but the other parent must be formally notified by certified mail with return receipt requested.

A voluntary declaration of parentage or paternity is a California governmental form that, when signed by both parents, establishes them as the legal parents of the child. The form must be signed voluntarily. No one can force either person to sign the form.

How to Dispute Paternity in California Take a Paternity Test.Understand Automatic Paternity.Respond to Summons and Complaint Regarding Parental Obligations.Cancel a Voluntary Declaration of Paternity.Dispute a Petition to Establish Parental Relationship.Hire a Family Lawyer.

Can I get another copy? Yes. Parents may obtain a Request for a Filed Declaration of Paternity form by contacting the California Department of Child Support Services at (866) 249-0773 or you may obtain additional information, including the form, by visiting .

Copies of this form are maintained in confidential files of the State Coordinator at the Parentage Opportunity Program (POP) of the Department of Child Support Services (DCSS). Declarants have the right of access to their filed form(s) upon request by calling (866) 249-0773.

Your first step is to complete a form called the Declaration of Paternity Rescission in an effort to cancel the voluntary declaration. Another possibility if more than 60 days have passed or there is a pending court case is to go to court to request that the Declaration of Paternity be canceled.

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More info

The voluntary declaration is recognized as a basis for custody, visitation and child support. Items 5 - 10 — and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-281).Veterans: Paternity Fraud - Santa Monica Paternity Fraud Lawyer. The California Legislature also has amended the Family Code's parentage provisions. Applies in the trial court and disappears on appeal. And adjunct professor in the Department of Criminal Justice at California. State University, Long Beach.

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Burbank California Declaration in Support of Motion to Set Aside Judgment of Paternity