Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity

State:
California
City:
Anaheim
Control #:
CA-FL-285
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PDF
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Description

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.


The Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity is a legal document utilized in family law cases where a party seeks to challenge or revoke a previously established paternity declaration. This declaration allows individuals to present their argument and evidence to the court, explaining why the voluntary declaration of paternity should be set aside. In Anaheim, California, there are several types of responsive declarations that individuals may file when seeking to set aside a voluntary declaration of paternity: 1. Standard Responsive Declaration: This type of declaration is the most common and is used when one party wishes to contest the validity of the voluntary declaration of paternity. It includes a detailed explanation of the grounds and supporting evidence for setting aside the declaration. 2. Fraudulent Misrepresentation Responsive Declaration: If an individual believes that the voluntary declaration of paternity was obtained through deceit or fraudulent misrepresentation, they may file this type of responsive declaration. It must include evidence proving the fraudulent actions and misrepresentations made by the other party. 3. Mistake or Duress Responsive Declaration: If a party believes that they were coerced, forced, or made a mistake in signing the voluntary declaration of paternity, they can file this type of responsive declaration. It should include evidence supporting the allegation of mistake or duress, such as witness statements or any documentation proving the undue pressure. 4. New Evidence Responsive Declaration: In this type of declaration, the party requesting to set aside the voluntary declaration of paternity presents new evidence that was not available or known at the time of the initial declaration. The responsive declaration must clearly outline the newly discovered evidence and explain how it impacts the validity of the paternity declaration. It is essential to consult a family law attorney specializing in paternity cases to prepare the Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity. They can provide professional guidance and assist in crafting a compelling argument with relevant supporting evidence.

The Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity is a legal document utilized in family law cases where a party seeks to challenge or revoke a previously established paternity declaration. This declaration allows individuals to present their argument and evidence to the court, explaining why the voluntary declaration of paternity should be set aside. In Anaheim, California, there are several types of responsive declarations that individuals may file when seeking to set aside a voluntary declaration of paternity: 1. Standard Responsive Declaration: This type of declaration is the most common and is used when one party wishes to contest the validity of the voluntary declaration of paternity. It includes a detailed explanation of the grounds and supporting evidence for setting aside the declaration. 2. Fraudulent Misrepresentation Responsive Declaration: If an individual believes that the voluntary declaration of paternity was obtained through deceit or fraudulent misrepresentation, they may file this type of responsive declaration. It must include evidence proving the fraudulent actions and misrepresentations made by the other party. 3. Mistake or Duress Responsive Declaration: If a party believes that they were coerced, forced, or made a mistake in signing the voluntary declaration of paternity, they can file this type of responsive declaration. It should include evidence supporting the allegation of mistake or duress, such as witness statements or any documentation proving the undue pressure. 4. New Evidence Responsive Declaration: In this type of declaration, the party requesting to set aside the voluntary declaration of paternity presents new evidence that was not available or known at the time of the initial declaration. The responsive declaration must clearly outline the newly discovered evidence and explain how it impacts the validity of the paternity declaration. It is essential to consult a family law attorney specializing in paternity cases to prepare the Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity. They can provide professional guidance and assist in crafting a compelling argument with relevant supporting evidence.

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FAQ

The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth 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.

What is Parentage? Parentage is the recognition of a parent's legal relationship to a child. When parents are married, parentage is established without legal action in most cases. If parents are not married, parentage establishment requires a court order.

The Paternity Opportunity Program (POP) Declaration is a form used to administratively acknowledge parentage. The POP Declaration is completed by the parents of the child.

A Declaration of Parentage declares whether a named individual is the legal parent of another person under English law. It can be used in a range of situations, including: Wanting to remove an inaccurate father's name on your child's birth certificate.

The Declaration of Paternity form can be obtained from the State of California Department of Child Support Services by sending your mailing address to askpop@dcss.ca.gov or by obtaining a copy from one of the following locations: County Department of Child Support Services. Local Registrars of Births and Deaths.

If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

Form C63: Apply for a declaration about whether a named person is the parent of another named person. Use this form to ask the court to determine someone's parentage and to give your summary of why you think your application is necessary.

We must establish parentage (a legal parent-child relationship) for a child in order to obtain a court order for child support and health insurance coverage. Usually that means establishing legal paternity of a man.

If you have decided to start a parentage case with the court, follow these steps: Fill out your court forms.Fill out 1 of these court forms too if you want a child support order:Have your forms reviewed.Make at least 2 copies of all your forms.File your forms with the court clerk.Serve your papers on the other parent.

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Anaheim California Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity