This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
Chula Vista California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity is a legal process that allows individuals in Chula Vista, California, to contest or challenge a previously signed Voluntary Declaration of Paternity (GDP). A Voluntary Declaration of Paternity is typically signed by both parents shortly after the birth of a child when the biological father acknowledges his paternity voluntarily. However, in certain circumstances, a person may want to dispute the validity of the GDP and establish that they are not the legal parent of the child. In Chula Vista, California, different types of requests for hearing and applications to set aside a Voluntary Declaration of Paternity may include: 1. Amended Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity: This type of request is filed when new evidence or information becomes available that supports the request to invalidate the original GDP. The amended request must provide clear and compelling reasons for setting aside the GDP. 2. Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity on Fraudulent Grounds: If a person believes that the GDP was obtained through fraudulent means, such as misrepresentation, false statements, or coercion, they can file this type of request. It is crucial to provide substantial evidence that proves fraud was involved in the signing of the GDP. 3. Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity based on Lack of Biological Relationship: In situations where the person who signed the GDP is not the biological father of the child, this type of request can be filed. The request must present clear evidence, such as DNA test results, demonstrating the lack of biological relationship. To proceed with a Chula Vista California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, individuals should follow these steps: 1. Obtain the necessary forms: Visit the Chula Vista County Clerk's Office or the local family court website to obtain the required request for hearing and application forms. 2. Complete the forms: Fill out the forms accurately, providing all the necessary identifying information, details of the GDP, and reasons for the request to set aside the declaration of paternity. 3. Gather supporting evidence: Compile all relevant documents or evidence supporting your request, such as DNA test results, affidavits from witnesses, or any other evidence pertaining to fraud or lack of biological relationship. 4. Review and submit the forms: Carefully review the completed forms to ensure accuracy and completeness. Submit the forms to the Chula Vista County Clerk's Office or file them online through the designated portal. 5. Attend the hearing: Once the request is filed, a court hearing will be scheduled. Attend the hearing prepared with all the supporting evidence and be ready to present your case. It is advisable to consult with an attorney specializing in family law to ensure proper representation during the hearing. Note: It is important to consult with an attorney or seek legal advice for specific guidance tailored to your unique circumstances when pursuing a Chula Vista California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity. The process can be complex, and professional assistance can increase the chances of a successful outcome.
