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.
San Diego, California Order After Hearing on Motion to Set Aside Voluntary Declaration of Paternity is a legal process that allows individuals to challenge the validity of a voluntary declaration of paternity. This legal procedure is initiated when a party believes they are not the biological parent of a child and seeks to disestablish paternity. In San Diego, California, there are different types of orders that may be issued by the court after a hearing on a motion to set aside a voluntary declaration of paternity. These orders include: 1. Order Granting Motion to Set Aside Voluntary Declaration of Paternity: If the court determines that there is sufficient evidence to support the petitioner's claim that they are not the biological parent of the child, they may grant the motion to set aside the voluntary declaration of paternity. This order effectively removes the legal presumption of paternity. 2. Order Denying Motion to Set Aside Voluntary Declaration of Paternity: In cases where the court finds that the petitioner has not provided sufficient evidence to warrant setting aside the voluntary declaration of paternity, the court may deny the motion. This order maintains the legal presumption of paternity, and the individual remains legally recognized as the child's parent. 3. Order for Genetic Testing: In some cases, the court may order genetic testing to be conducted to establish or refute paternity. This order is issued when there is a dispute about the biological parentage of the child and aims to provide concrete evidence to support or challenge the existing voluntary declaration. 4. Order for Parentage Investigation: In certain situations, the court may order a parentage investigation to be conducted by a qualified investigator or agency. This order involves gathering relevant information and evidence to determine the true biological parentage of the child and help inform the court's decision. 5. Order Modifying Child Support and Custody: If the court grants a motion to set aside the voluntary declaration of paternity, it may also issue orders related to child support and custody arrangements. This ensures that the child's best interests are protected and that financial and custodial responsibilities are appropriately reassigned based on the new parentage determination. In sum, when individuals in San Diego, California seek to challenge the validity of a voluntary declaration of paternity, the court may issue various orders after a hearing on the motion to set aside. These orders can range from granting or denying the motion to set aside, requiring genetic testing or parentage investigation, and modifying child support and custody arrangements based on the new parentage determination.
