TO SET ASIDE VOLUNTARY DECLARATION OF PATERNITY. Free Preview application declaration. The law is outlined in the case of Kevin Q. v Lauren W., (2009) 175 Cal. Either person who signed the Declaration of Paternity can use this form to cancel it within 60 days of signing the Declaration of Paternity, unless a court order for custody, visitation, or child support has been entered. On receipt of the completed request for hearing, the clerk must assign a case number and schedule a court date. English | Spanish | Request Accessible (Please note, online access to filed Voluntary Declarations of Parentage is only for authorized California agencies who have a business need to access this information. e. There is a voluntary declaration of paternity, and there is no basis to set it aside. Under existing law, the voluntary declaration of paternity may be set aside by the court if genetic evidence establishes the man is not the father of the child, while the latter presumptions are rebutted by a judgment establishing paternity by another man. the child is turning 4 in october this year, a voluntary declaration of paternity was signed by both parents when he was born. For years, any child born to a married couple has been presumed to be a child of the marriage, and the husband the legal father. For the father of record to be on record, both the mother and the father of record had to sign the declaration of paternity if they were not married. Next »