This is an official California Judicial Council family law form, which may be used in domestic litigation in California. Enter the information as indicated on the form and file with the court as appropriate.
Santa Clara, California Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity is a legal process that allows individuals to challenge and contest the acknowledgment of paternity that they have made voluntarily. This application is typically filed in instances where there are doubts, concerns, or new evidence that question the legitimacy of the stated paternity. The Santa Clara Court provides individuals with various types of Request for Hearing and Application to Set Aside Voluntary Declaration of Paternity, including: 1. DNA Testing Discrepancies Request: This type of application is submitted when there are suspicions regarding the accuracy of the paternity test results. The individual intends to challenge or verify the DNA test outcomes. 2. Fraud or Misrepresentation Claim: If one of the parties involved believes that the Voluntary Declaration of Paternity was obtained through fraud or misrepresentation, they can file this request. It aims to set aside the paternity acknowledgment based on deceptive practices that may have influenced its creation. 3. Mistaken Paternity Request: This application is filed when an individual has reason to believe that they are not the biological father of the child but still signed the Voluntary Declaration of Paternity due to mistaken information or coercion. The applicant requests the court to invalidate the paternity claim based on this error. 4. Non-Biological Father Application: This type of request is made by an individual who acknowledges that they are not the biological father but willingly signed the Voluntary Declaration of Paternity. The applicant seeks to set aside their paternity rights and obligations under this application. Applicants should provide significant evidence supporting their claims in addition to submitting the necessary forms and documentation. It is crucial to consult with legal professionals specializing in family law to ensure a smooth and accurate process.
