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.
Fontana California Order After Hearing on Motion to Set Aside Voluntary Declaration of Paternity In the state of California, paternity matters are significant legal issues that can have a substantial impact on both parents and children involved. In Fontana, a city located in San Bernardino County, the process of obtaining an order after a hearing on a motion to set aside a voluntary declaration of paternity follows standard procedures set by the state. A voluntary declaration of paternity is a legal means for establishing a child's paternity when the parents are not married. It is typically signed by both parents at the time of the child's birth or soon thereafter. However, there are circumstances where a party may wish to challenge or set aside the voluntary declaration, leading to a hearing in court. To initiate the process of setting aside a voluntary declaration of paternity in Fontana, one must file a motion requesting the court to do so. The motion must provide detailed reasons and evidence supporting the request to set aside the declaration. The noncustodial parent typically files this motion, seeking to disestablish paternity previously established by the voluntary declaration. Once the motion is filed, a hearing is scheduled by the court. During the hearing, both parties and their respective legal representatives will present their arguments, evidence, and testimonies regarding the need to set aside the voluntary declaration of paternity. The court will consider all relevant factors, including the best interests of the child, before making a final determination. If granted, an order to set aside the voluntary declaration of paternity will essentially void or cancel the previous establishment of paternity. It relieves the noncustodial parent from the legal obligations and responsibilities typically associated with being the child's father or mother, such as child support, custody, and visitation rights. However, it's crucial to note that setting aside a voluntary declaration of paternity does not automatically remove all legal ties between the noncustodial parent and the child. If there is a previous court order or judgment of paternity in place, separate legal actions may be required to modify or terminate those existing obligations. In Fontana, California, the following types of orders may be issued by the court after a hearing on a motion to set aside a voluntary declaration of paternity: 1. Order setting aside the voluntary declaration of paternity: This order nullifies the previous voluntary declaration of paternity, relieving the noncustodial parent from the legal responsibilities associated with it. 2. Order establishing a new paternity determination: In some cases, setting aside the voluntary declaration may lead to the need for a new paternity determination, requiring additional legal proceedings to establish the child's biological or legal father. 3. Order modifying existing child support, custody, or visitation arrangements: If a previous court order or judgment of paternity is affected by the setting aside of the voluntary declaration, the court may issue an order modifying the existing child support, custody, or visitation arrangements accordingly. It is essential to consult with an experienced family law attorney in Fontana, California, when dealing with matters of paternity and setting aside a voluntary declaration. They can provide the necessary guidance and representation throughout the legal process, ensuring the best interests of both parents and the child are considered and protected.
