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You are here: Families & Children > Parentage > How to Set Aside (Cancel) a Voluntary Declaration of Paternity > Bring a Court Action to Set Aside (Cancel) a Voluntary Declaration of Paternity
| Alert! This section gives general instructions only. Bringing a court action to set aside a voluntary declaration of paternity is complicated. Talk to your county's family law facilitator or to a lawyer. Click here for help finding a lawyer. |
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Introduction
Fill Out Form FL-280
File Your Form With the Court
Serve Your Form
Finish Your Case
Introduction
If you can't file form CS 915, you must bring a court action (called an "application") to cancel the voluntary declaration of paternity.
Bringing a court action means that you:
- Fill out a Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity (form FL-280),
- File your completed form FL-280 with the court,
- Serve the form on the other parent, and
- Go to a court hearing and finish your case.
Applications are not automatically granted. You must prove to the court that you have a good reason to cancel the declaration you signed.
The instructions on pages 4 of form FL-280 explain the legal reasons for cancelling a declaration.
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Fill Out Form FL-280
Start your case by filling out a Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity (form FL-280).
Form FL-280 includes instructions.
If there currently is no case based on your voluntary declaration of paternity, you are the "Petitioner/Plaintiff" and the other parent is the "Respondent/Defendant." Leave the case number blank on your form FL-280.
If there is an existing order, judgment, or legal action filed in court based on your voluntary declaration of paternity, your application will be part of that case. When you fill out your form FL-280, use the "Petitioner/Plaintiff" and "Respondent/Defendant" and case number shown on the papers you received in that case.
You can ask a family law facilitator or a lawyer for help filling out the form. Click here for help finding a lawyer.
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File Your Form With the Court
After you fill out your form FL-280, you must give it to the court clerk (called "filing your claim").
Before going to the court, make at least 3 copies of your form FL-280. Give your original and all the copies to the court clerk.
You will have to pay a fee when you file your form FL-280.
If you don't have enough money, you can ask for a fee waiver. Click here to learn about court fees and fee waivers.
The court clerk will write the date, time, and place for your court hearing on your copies of form FL-280.
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Serve Your Form
Serving your form FL-280 means that the other parent gets a copy of the form FL-280 you filed with the court. The form will tell the other parent about the court hearing in your case. Click here to learn more about serving court papers.
If the local child support agency (LCSA) is helping with your case, you must also have it served with a copy of form FL-280.
A blank Responsive Declaration to Application to Set Aside a Voluntary Declaration of Paternity (form FL-285) must also be served.
There are 2 ways to serve your forms FL-280 and FL-285: personal service and service by mail.
"Personal service" means that someone--not you--must personally give your forms to the other parent.
"Service by mail" means that someone--not you--must mail your forms to the other parent.
Service by mail is easier than personal service but you can only use service by mail in some cases.
If you have an existing case, you can have form FL-280 served by mail if the other parent filed the original case or answered your petition or complaint.
If there is no existing case OR if the other parent did not file the original case OR did not answer your petition or complaint, you can't serve by mail.
If you can't have the papers served by mail, you must use personal service.
After the other parent is served, file a proof of service form with the court. If your form FL-280 is served in person, you can use a form FL-330, Proof of Personal Service. The person who served your form FL-280 must fill out and sign this form and then give it back to you so you can file it with the court.
If your form FL-280 was served by mail, use form FL-335, Proof of Service by Mail.
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Finish Your Case
To finish your case, go to your hearing. The date, time, and location of the hearing are shown on the line 1 of the form FL-280 the clerk gave you.
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 this form.
If the judge approves your application, you and the other parent each must have a genetic test (opens in new window).
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 also be used to ask for orders for child custody, visitation, or child support. There may also be a new action filed to establish parentage.
If the judge does not approve your application, 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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