Set Aside Petition Format In California
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FAQ
To cancel it, within 60 days of signing: Fill out a California Voluntary Declaration of Parentage (VDOP) Rescission (form DCSS 0915) Sign the form in front of a Notary. Make 2 copies of the form. Send a copy of the signed form by certified mail to the other parent (keep the other copy for your records)
If you feel that parental alienation is occurring, work to maintain consistent contact with your child and uphold your strong relationship. Be sure not to engage in the same actions, and note evidence of parental alienation.
A legal father in California can contest paternity by filing a Petition to Disestablish Parental Relationship (State Form FL-220) with the court, citing fraud, duress, or mistake of fact. Quick action is required as there are strict time limits.
To ask a judge to cancel (set aside) a Voluntary Declaration of Parentage or Paternity (VDOP), you fill out and file a court form. When you file the form, the clerk will give you a court date (a hearing date). At the hearing, you and the child's other parent will both get the chance to speak to the judge.
Under CCP § 473(b), the court may set aside a default and default judgment if the defendant asking for the set aside presents enough evidence to the court to demonstrate that the default was entered by inadvertence, mistake, surprise, or excusable neglect.
There is no court form available to terminate parental rights. You will need to draft the required pleading either on your own or with the assistance of a private attorney. Generally, Family Code section 7820 covers termination of parental rights.
Rules for Petitions The petition must be in writing and be accompanied by the CBSC Petition Form (BSC-30). The form requires the following: Explain the problem and rationale for this petition. Explain how the issue has statewide significance.
