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

State:
California
City:
Downey
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.


The Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity is a legal document that serves to request the court to nullify or overturn a previous judgment regarding paternity. This declaration is filed in cases where there might be reasonable doubt about the accuracy of the original judgment or if new evidence has emerged. Keywords: Downey California Declaration, Support, Motion, Set Aside, Judgment of Paternity, legal document, court, nullify, overturn, previous judgment, paternity, reasonable doubt, accuracy, new evidence. There are different types of Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on specific circumstances: 1. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to Misrepresentation: This declaration is used when it can be proven that one party involved in the case intentionally provided false information or withheld crucial information, resulting in an incorrect judgment. 2. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to New DNA Evidence: This declaration is filed when new DNA evidence has become available that contradicts the original paternity judgment. The new evidence could potentially prove that the earlier judgment was erroneous. 3. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on Lack of Due Process: This declaration is used when there is evidence to suggest that the original judgment violated the party's rights to due process. This can include situations where there was a procedural error, denial of legal representation, or the party was not given the opportunity to present their case adequately. 4. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to Fraud or Duress: This declaration is applicable when it can be shown that one party engaged in fraudulent activities or exerted duress upon the other party involved in the paternity case, resulting in an unjust judgment. Examples of fraud or duress include coercion, manipulation, or deception. 5. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on Newly Discovered Evidence: This declaration is filed when new evidence that was previously unknown or unavailable has come to light. The newly discovered evidence should be substantial and have the potential to significantly impact the outcome of the paternity case. It is important to consult with an attorney or legal professional familiar with family law in California to determine the appropriate type of declaration and to ensure that all necessary information is included to support the motion to set aside the judgment of paternity.

The Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity is a legal document that serves to request the court to nullify or overturn a previous judgment regarding paternity. This declaration is filed in cases where there might be reasonable doubt about the accuracy of the original judgment or if new evidence has emerged. Keywords: Downey California Declaration, Support, Motion, Set Aside, Judgment of Paternity, legal document, court, nullify, overturn, previous judgment, paternity, reasonable doubt, accuracy, new evidence. There are different types of Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on specific circumstances: 1. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to Misrepresentation: This declaration is used when it can be proven that one party involved in the case intentionally provided false information or withheld crucial information, resulting in an incorrect judgment. 2. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to New DNA Evidence: This declaration is filed when new DNA evidence has become available that contradicts the original paternity judgment. The new evidence could potentially prove that the earlier judgment was erroneous. 3. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on Lack of Due Process: This declaration is used when there is evidence to suggest that the original judgment violated the party's rights to due process. This can include situations where there was a procedural error, denial of legal representation, or the party was not given the opportunity to present their case adequately. 4. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity due to Fraud or Duress: This declaration is applicable when it can be shown that one party engaged in fraudulent activities or exerted duress upon the other party involved in the paternity case, resulting in an unjust judgment. Examples of fraud or duress include coercion, manipulation, or deception. 5. Downey California Declaration in Support of Motion to Set Aside Judgment of Paternity based on Newly Discovered Evidence: This declaration is filed when new evidence that was previously unknown or unavailable has come to light. The newly discovered evidence should be substantial and have the potential to significantly impact the outcome of the paternity case. It is important to consult with an attorney or legal professional familiar with family law in California to determine the appropriate type of declaration and to ensure that all necessary information is included to support the motion to set aside the judgment of paternity.

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FAQ

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 You Sue for False Paternity in California? Yes, a man can sue the child's mother if she lied about him being the father. According to the statute of limitations in California, filing a petition to disestablish paternity is five years.

In some situations, resolving a paternity dispute is as simple as taking a DNA test. A judge could require an individual to take a paternity test. If he is the biological father, then the judge can make a decision based on that fact.

In California, there is no statute of limitations on when a father can establish his paternity. When there is doubt about a child's parentage, the court can order a blood test to establish paternity up to two years following the birth of the child.

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.

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.

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.

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.

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.

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