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What do these papers mean?

Request to set aside a VDOP

If you received a Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-280), it means someone, usually the person that signed the Declaration, wants to cancel the Voluntary Declaration of Parentage (VDOP).

You have a court date (a hearing) where the judge will hear from both sides and then decide whether or not to cancel the VDOP.

This page will help you understand what the form means and your options for what to do next.

Date, time, and location on hearing on Form FL-280

Hearing date and time

The date, time, and location are on the first page. 

What parent is asking and why on Form FL-280

What the other person wants the judge to do

Item 6 on Page 2

The person who filed the papers asked the judge to either

  • Cancel (set aside) the VDOP and order genetic testing
  • Find that it is invalid (void)

Cancelling (or setting aside) the VDOP ends the legal parent-child relationship created by the VDOP. Finding it is invalid will also end the parent-child relationship.

Item 10 on Page 2 is the legal reason wy the person thinks the judge should cancel the VDOP or find it is void.

Your options

Come to an agreement with the other side

If you can work with the other side (and there is no restraining order involved) you may be able to come to an agreement on your own without going to court. 

Respond to the Request and go to the court date

If you disagree with what the other side requested, you can respond to their request by filing a court form that tells the judge why you disagree. Then you must go to the court date.

There's generally no cost to respond, but if this is the first time you are filing papers in the case, there may be a fee. If you can’t afford the fee, you can ask for a fee waiver. 

If you decide to respond, you must do so by a deadline. 

You must file and serve your response 9-court days before the court date. A court day is a day the court is open (Monday - Friday, excluding a court holiday). (You can access step-by-step instructions for responding below).
 

Choose to not respond

If you do not respond, the judge will decide without hearing from you.

Consider getting help

This website has information to walk you through the basic process. But, you may need more help or legal advice.  

  • Get free help from the court. The court where the case is filed has a program where they offer free legal information. Learn more about the court’s Self-Help Center.  

  • Hire a lawyer to help you with all or a part of your case. It’s possible to do this process without a lawyer. But you may want to hire a lawyer for legal advice.

What's next?

Get instructions if you want to respond

You must act quickly. If you're going to respond, you must complete and serve your response to the other side 9 court days before the hearing.