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.
Title: Understanding Rialto, California's Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity Introduction: In Rialto, California, individuals may file a Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity in cases where they wish to challenge the legal presumption of paternity. This process allows parties to contest the voluntary declaration of paternity previously established, and potentially disestablish paternity in certain situations. This article provides a detailed description of the Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, including the various types of requests that can be made. 1. What is a Voluntary Declaration of Paternity? A Voluntary Declaration of Paternity is a legal document signed by the biological parents of a child, establishing the legal relationship between the father and the child. This document is often signed at the time of the child's birth or soon after. However, in some cases, individuals might wish to challenge the established paternity due to various reasons. 2. Circumstances to Set Aside Voluntary Declaration of Paternity: — Lack of Genetic Relationship: If new evidence emerges indicating that the presumed father is not biologically related to the child, a Request for Hearing can be filed to challenge the paternity established through the voluntary declaration. — Fraud, Duress, or Misrepresentation: If one party can demonstrate that the voluntary declaration was signed under false pretenses, duress, or fraud, they can request a hearing to set aside the paternity. — Mistake of Fact: In situations where both parties made a genuine mistake regarding the identity of the biological father, a Request for Hearing can enable them to correct the paternity declaration. Types of Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity: 1. Request for Hearing: This type of request is filed by an individual seeking to challenge the voluntary declaration of paternity in court. It initiates the legal process to present evidence and arguments supporting the set aside. 2. Application to Set Aside Voluntary Declaration of Paternity: By submitting this application along with the Request for Hearing, individuals can formally request the court to invalidate the previous declaration, stating the reasons why the declaration should be reviewed and set aside. 3. DNA Testing: In some cases, DNA testing may be required to establish or disestablish the biological relationship between the father and the child. Parties can request DNA testing during the hearing to present conclusive evidence supporting their claims. Conclusion: The Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity provides a legal avenue for individuals to challenge the establishment of paternity based on a voluntary declaration. Whether due to genetic discrepancies, fraud, duress, or mistake of fact, this process allows interested parties to present evidence and seek a court order to set aside the paternity declaration.Title: Understanding Rialto, California's Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity Introduction: In Rialto, California, individuals may file a Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity in cases where they wish to challenge the legal presumption of paternity. This process allows parties to contest the voluntary declaration of paternity previously established, and potentially disestablish paternity in certain situations. This article provides a detailed description of the Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, including the various types of requests that can be made. 1. What is a Voluntary Declaration of Paternity? A Voluntary Declaration of Paternity is a legal document signed by the biological parents of a child, establishing the legal relationship between the father and the child. This document is often signed at the time of the child's birth or soon after. However, in some cases, individuals might wish to challenge the established paternity due to various reasons. 2. Circumstances to Set Aside Voluntary Declaration of Paternity: — Lack of Genetic Relationship: If new evidence emerges indicating that the presumed father is not biologically related to the child, a Request for Hearing can be filed to challenge the paternity established through the voluntary declaration. — Fraud, Duress, or Misrepresentation: If one party can demonstrate that the voluntary declaration was signed under false pretenses, duress, or fraud, they can request a hearing to set aside the paternity. — Mistake of Fact: In situations where both parties made a genuine mistake regarding the identity of the biological father, a Request for Hearing can enable them to correct the paternity declaration. Types of Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity: 1. Request for Hearing: This type of request is filed by an individual seeking to challenge the voluntary declaration of paternity in court. It initiates the legal process to present evidence and arguments supporting the set aside. 2. Application to Set Aside Voluntary Declaration of Paternity: By submitting this application along with the Request for Hearing, individuals can formally request the court to invalidate the previous declaration, stating the reasons why the declaration should be reviewed and set aside. 3. DNA Testing: In some cases, DNA testing may be required to establish or disestablish the biological relationship between the father and the child. Parties can request DNA testing during the hearing to present conclusive evidence supporting their claims. Conclusion: The Rialto, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity provides a legal avenue for individuals to challenge the establishment of paternity based on a voluntary declaration. Whether due to genetic discrepancies, fraud, duress, or mistake of fact, this process allows interested parties to present evidence and seek a court order to set aside the paternity declaration.