Form FL-280 "Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity" - California

What Is Form FL-280?

This is a legal form that was released by the California Superior Court - a government authority operating within California. Check the official instructions before completing and submitting the form.

Form Details:

  • Released on January 1, 2020;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Available in Spanish;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form FL-280 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form FL-280 "Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity" - California

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FL-280
PARTY WITHOUT ATTORNEY OR ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARTY:
CASE NUMBER:
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE)
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
INSTRUCTIONS
Use this form if you want to cancel (set aside) a voluntary declaration of parentage or paternity. The declaration is a form that is
usually signed at the hospital after a child is born. It can also be signed anytime after the child was born, even many years later.
Complete items 5–10. For more information about completing this form, see Information Sheet for Completing Request for Hearing
and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (
).
form FL-281
After you complete the form, take the original plus three copies to the court clerk to file.
After you file, copies of the form must be "served" on the other parties in the case and you must file the proof of service with the
court. See Information Sheet for Service of Process (
form FL-611
) for more information about completing a proof of service.
Make sure you go to the court hearing listed in item 1.
NOTICE OF HEARING
(FOR COURT USE ONLY)
1.
TO ALL PARTIES. A COURT HEARING WILL BE HELD AS FOLLOWS:
a.
Date:
Time:
Dept.:
Room:
b.
Address of court
same as noted above
other
(specify):
2.
WARNING to the person served with this request: The court may make the requested orders without you if you do not file a
Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (
form FL-285
) and
appear at the hearing. (See page 2 of FL-285 for more information and instructions for "serving" your response.)
It is ordered that:
3.
Time
for service
until the hearing
is shortened. Service must be on or before
(date):
4.
Any responsive declaration must be served on or before
(date):
Date:
JUDICIAL OFFICER
REQUEST TO CANCEL (SET ASIDE) VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
5. Person making this request
a. My name is:
b. I am the:
(1)
Petitioner
(2)
Respondent
(3)
Other (specify):
Page 1 of 2
Form Adopted for Mandatory Use
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE)
Family Code, §§ 7573.5, 7576, 7577;
Judicial Council of California
Code of Civil Procedure, § 473
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
FL-280 [Rev. January 1, 2020]
www.courts.ca.gov
FL-280
PARTY WITHOUT ATTORNEY OR ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PETITIONER:
RESPONDENT:
OTHER PARTY:
CASE NUMBER:
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE)
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
INSTRUCTIONS
Use this form if you want to cancel (set aside) a voluntary declaration of parentage or paternity. The declaration is a form that is
usually signed at the hospital after a child is born. It can also be signed anytime after the child was born, even many years later.
Complete items 5–10. For more information about completing this form, see Information Sheet for Completing Request for Hearing
and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (
).
form FL-281
After you complete the form, take the original plus three copies to the court clerk to file.
After you file, copies of the form must be "served" on the other parties in the case and you must file the proof of service with the
court. See Information Sheet for Service of Process (
form FL-611
) for more information about completing a proof of service.
Make sure you go to the court hearing listed in item 1.
NOTICE OF HEARING
(FOR COURT USE ONLY)
1.
TO ALL PARTIES. A COURT HEARING WILL BE HELD AS FOLLOWS:
a.
Date:
Time:
Dept.:
Room:
b.
Address of court
same as noted above
other
(specify):
2.
WARNING to the person served with this request: The court may make the requested orders without you if you do not file a
Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (
form FL-285
) and
appear at the hearing. (See page 2 of FL-285 for more information and instructions for "serving" your response.)
It is ordered that:
3.
Time
for service
until the hearing
is shortened. Service must be on or before
(date):
4.
Any responsive declaration must be served on or before
(date):
Date:
JUDICIAL OFFICER
REQUEST TO CANCEL (SET ASIDE) VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
5. Person making this request
a. My name is:
b. I am the:
(1)
Petitioner
(2)
Respondent
(3)
Other (specify):
Page 1 of 2
Form Adopted for Mandatory Use
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE)
Family Code, §§ 7573.5, 7576, 7577;
Judicial Council of California
Code of Civil Procedure, § 473
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
FL-280 [Rev. January 1, 2020]
www.courts.ca.gov
FL-280
PETITIONER:
CASE NUMBER:
RESPONDENT:
OTHER PARTY:
6. I request that the court:
order genetic testing and cancel (set aside) the voluntary declaration of parentage or paternity.
a.
b.
make a finding that the voluntary declaration of parentage or paternity is void (invalid).
Information about the voluntary declaration of parentage or paternity (attach a copy if you have one):
7.
a. Child's name:
Child's date of birth:
b.
Names of the people who signed the voluntary declaration:
(1)
(2)
c. Date signed (if known):
d. Date filed with the Department of Child Support Services (if known):
Other cases involving the child (check all that apply):
8.
a.
Divorce, legal separation, or nullity (case number, if known):
Parentage, custody, or child support (case number, if known):
b.
Other (case number, if known):
c.
The local child support agency is providing services for the child in (specify county):
d.
A court order was entered based on the voluntary declaration of parentage or paternity on (date):
,
9.
in case number (specify):
10. Reasons for my request.
a.
The voluntary declaration of parentage or paternity should be canceled (set aside) because of (check all that apply):
(1)
Fraud (I was kept in ignorance of the true facts by another person.)
(2)
Duress (I was threatened or mentally coerced into signing the declaration.)
(3)
Material mistake of fact (I thought the facts were different from what they really are.)
The following reasons apply only to voluntary declarations filed before January 1, 2020, or if you did not sign the declaration.
My mistake, inadvertence, surprise, or excusable neglect
(4)
(5)
Other (specify):
b.
The voluntary declaration of parentage or paternity is void (invalid) because (specify):
c. Explain the facts that support your request:
Contained in the attached declaration.
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
(SIGNATURE OF PARTY MAKING REQUEST)
(TYPE OR PRINT NAME)
Requests for Accommodations
Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if
you ask at least five days before the proceeding. Contact the clerk's office or go to www.courts.ca.gov/forms for Request
for Accommodations by Persons With Disabilities and Response (
form MC-410
). (Civ. Code, § 54.8.)
FL-280 [Rev. January 1, 2020]
Page 2 of 2
REQUEST FOR HEARING AND APPLICATION TO CANCEL (SET ASIDE)
VOLUNTARY DECLARATION OF PARENTAGE OR PATERNITY
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