If the other parent of your child has served you with an action to set aside or cancel voluntary paternity, you will have to respond. This process is complicated so it is best to consult with an attorney to ensure that you make choices that are in your and your child's best interest.

When you make your response, you will have to complete the form called "Responsive Declaration to Application to Set Aside Voluntary Declaration of Paternity." After completing this document, you will then need to file it at your local courthouse. Fee waivers are available for eligible applicants.

It is important to make sure a copy of this form is received by the child's other parent either in person or in the mail. To prove to the court that you served this form to the other party, you have to file an additional form with the court. The other parent also has to do this when they serve you papers, and give you a copy so you can file it as well.

After completing this complicated filing process, you will then attend a hearing for your case. The details of this hearing will appear on a form that is sent to you.

What can the judge do?

If the judge accepts the application, a genetic parentage test will have to be conducted to find out if you and the other parent are the real biological parents of the child. If it is proven that the father is not technically a parent, the judge will declare his paternity void. If the father is shown to actually be the real father, the judge's declaration can be applied to cases for:

• Child support
• Child custody
• Child visitation

If the judge does not pass the application of the other parent, the previous paternity declarations will continue on.

Author SIG

Contact Us

If you have been served papers in a paternity or child custody case, contact the experienced San Jose divorce lawyers at the Jensen Law Office to help you make that next step with informed professionals at your side.

James Witherspoon

Rate this Article:

Add your comment: