Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity

State:
California
City:
Jurupa Valley
Control #:
CA-FL-280
Format:
PDF
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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.


Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity is a legal process that allows an individual to challenge or revoke a previously signed Voluntary Declaration of Paternity (DOP) in Jurupa Valley, California. This request seeks a formal hearing where evidence and arguments can be presented to the court, with the ultimate goal of nullifying or modifying the existing paternity declaration. When filing a Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, there can be different types of circumstances that may warrant such a request. These circumstances can include but are not limited to: 1. Misrepresentation or Fraud: If one party can demonstrate that they were deceived or tricked into signing the Voluntary Declaration of Paternity, they can request a hearing to set aside the declaration. This may include situations where false information about paternity was knowingly provided. 2. Lack of Biological Relationship: A person who signed the Voluntary Declaration of Paternity may later discover or obtain evidence that disproves their biological relationship to the child. This evidence can lead to requesting a hearing to set aside the declaration. 3. Mistake or Duress: If a Voluntary Declaration of Paternity was signed due to a mistake of fact or while under duress or coercion, the affected party can file a request for a hearing to set aside the declaration. For example, if someone was coerced into signing the declaration by threats or intimidation, the court may find it appropriate to set it aside. 4. New Evidence: If new evidence comes to light after the signing of the Voluntary Declaration of Paternity that proves or strongly suggests a different biological father, the court can order a hearing to review and potentially modify or revoke the declaration. It's important to note that establishing paternity and requesting a hearing to set aside a Voluntary Declaration of Paternity involves complex legal procedures. It is advisable to consult with a qualified family law attorney in Jurupa Valley, California, to understand the specific requirements, process, and potential outcomes associated with this request.

Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity is a legal process that allows an individual to challenge or revoke a previously signed Voluntary Declaration of Paternity (DOP) in Jurupa Valley, California. This request seeks a formal hearing where evidence and arguments can be presented to the court, with the ultimate goal of nullifying or modifying the existing paternity declaration. When filing a Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, there can be different types of circumstances that may warrant such a request. These circumstances can include but are not limited to: 1. Misrepresentation or Fraud: If one party can demonstrate that they were deceived or tricked into signing the Voluntary Declaration of Paternity, they can request a hearing to set aside the declaration. This may include situations where false information about paternity was knowingly provided. 2. Lack of Biological Relationship: A person who signed the Voluntary Declaration of Paternity may later discover or obtain evidence that disproves their biological relationship to the child. This evidence can lead to requesting a hearing to set aside the declaration. 3. Mistake or Duress: If a Voluntary Declaration of Paternity was signed due to a mistake of fact or while under duress or coercion, the affected party can file a request for a hearing to set aside the declaration. For example, if someone was coerced into signing the declaration by threats or intimidation, the court may find it appropriate to set it aside. 4. New Evidence: If new evidence comes to light after the signing of the Voluntary Declaration of Paternity that proves or strongly suggests a different biological father, the court can order a hearing to review and potentially modify or revoke the declaration. It's important to note that establishing paternity and requesting a hearing to set aside a Voluntary Declaration of Paternity involves complex legal procedures. It is advisable to consult with a qualified family law attorney in Jurupa Valley, California, to understand the specific requirements, process, and potential outcomes associated with this request.

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FAQ

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.

If the parties cannot agree on paternity, the matter is then scheduled for a hearing. Both parties may testify and present witnesses and the blood or DNA test results may be offered in evidence.

California law allows for parents' rights to be terminated if he has not exercised his parental rights like visitation for at least six months.

Ways to Establish Parentage 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.

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.

The Declaration of Paternity (CS 909) form is only to be used by unmarried couples to establish the paternal relationship with the child. You must use the official triplicate form (photocopies are not acceptable) that is available through local child support agencies.

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.

Without legal paternity, you have no rights to see the child, you have no rights to make any decisions about the child, and you have no rights to stop the mother and child from moving away. How will California family law affect you, your partner and your children if you are living as an unmarried couple?

Establishing the fact of paternity can be a major factor in a child's life, both psychologically and economically. A child born to a married couple is considered legitimate in the eyes of the law. However, the fact that a person's name appears on a birth certificate is not conclusive proof of paternity.

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.

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Jurupa Valley California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity