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You are here: Families & Children > Parentage > Answer an Action to Set Aside (Cancel) a Voluntary Declaration of Paternity
| Alert! This section gives general instructions only. Answering an action is complicated. Talk to your county's family law facilitator or to a lawyer. Click here for help finding a lawyer. |
If you've been served with a form FL-280, Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity and you want to agree or disagree, you need to fill out a form FL-285, Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity. This form includes instructions.
After you finish your FL-285 form, give it to the court clerk (called "filing your claim").
You may have to pay a fee to file this form. Call or go to the court to find out. Click here to find your local court.
If you don't have enough money, you can ask for a fee waiver. Click here to learn about court fees and fee waivers.
After you file your FL-285 form, you must serve the other parent with a copy of it. You can serve the other parent by mail. Click here to learn more about serving court papers.
After the other parent is served, file a proof of service form with the court. If your FL-285 form is served by mail, you can use a form FL-335, Proof of Service by Mail. The person who served your form FL-285 must fill out and sign the FL-335 form and give it to you so you can file it with the court.
| You must go to your hearing. The date, time, and location of the hearing are shown on the line 1 of the form FL-280 you received. |
Bring a form FL-290, Order After Hearing on Motion to Set Aside Voluntary Declaration of Paternity to your hearing. Before the hearing, fill out the name and address boxes at the top of this form.
If the judge approves the other parent's application (form FL-280), both of you must have a genetic test (opens in new window) to determine whether you are both the parents of the child.
If the genetic tests show that the father listed on the declaration of paternity cannot be the child's father, the judge will make an order saying this person is not the father.
If the tests show that the father on the declaration is the child's father, all court orders based on the declaration will remain in effect. The declaration can be used to ask for an order for child custody, visitation, or child support. There may also be a new action filed to establish parentage.
If the judge does not approve the other parent's application (form FL-280), all court orders based on the declaration of paternity will remain in effect. The declaration can be used to ask for orders for child custody, visitation, or child support.
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Last modified: 03/17/2008
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