FL-285 [Rev. All Right Reserved. Douglas Pinkham has 20 years of experience helping his clients with all matters of divorce, custody, spousal & child support, visitation, and other family law issues. Without such a declaration, if the child is born to unmarried parents, the name of the father cannot be put on the birth certificate. Where a voluntary declaration of paternity has been filed with the Department of Child Support Services (DCSS), the court may order genetic testing prior to setting aside the voluntary declaration; and the LCSA may issue an administrative order for genetic (Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2003, and January 1, 2006.). Find Help in Your Area; Fee Waivers Centro de Ayuda. In some cases, a paternity judgment is entered without consent of the father by default either in San Diego Family Law Court or in the San Diego Department of Child and Social Services. California Online Self-Help Center. A child born to a married couple is considered legitimate in the eyes of the law. 4) If the man receives the child into his home and openly holds him out as his natural child. An Order is an official written statement from the court commanding a certain action, and is signed by the judge. Description application set aside. - Justia Forms - Justia Forms A “Declaration in Support of a Motion to Set Aside a Judgment of Paternity” must be attached to the motion. Responsive Declaration To Application To Set Aside Voluntary Declaration Of Paternity Form. Code,] § 7573.) The court's ruling on the petition to set aside the voluntary declaration of paternity shall be made taking into account the validity of the voluntary declaration of paternity, the … A copy of the voluntary declaration attached not attached (if not attached, explain why): I request that genetic tests be ordered and the voluntary declaration of paternity be set aside. Furthermore, either parent may "file an action or motion to set aside the voluntary declaration of paternity on any of the grounds described in, and within the time limits specified in, Section 473 of the Code of Civil Procedure [relating to mistake, inadvertence, surprise, or excusable neglect]." However, this has created new issues. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. Declaration of Paternity. Notice Of Motion To Set Aside Judgment Of Paternity (Family Law-Government) Form. California family law form: FL-280 - Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity. 1. Information Sheet For Completing Request For Hearing-Application To Set Aside Voluntary Declaration Of Paternity Form. to be filed within a specified time period under Section 473 of the Code of Civil Procedure, the period within which the action or motion to set aside the voluntary declaration of paternity must be filed shall commence on the date that the court makes an initial order for custody, visitation, or child support based upon a voluntary declaration of paternity.” Free Preview application declaration. 2005 California Family Code Sections 7645-7649.5 Article 1.5. (c)(1).) The child has has no contact with him for last 3 years. Next »