Serve your request to set aside a VDOP
After you file your Request for Hearing and get a court date, you must let the other parent know. You do this by having a copy of the court papers delivered to them. This is called service or having someone served.
Before you start
Figure out who you need to serve
The parent or parents who signed the VDOP
- If you signed the VDOP you want to cancel, you need to serve the other parent that signed the VDOP with you.
- If you are trying to cancel a VDOP that two other parents signed (because you think you are the legal parent), then you need to have both the parents that signed the VDOP served.
The Local Child Support Agency (LCSA)
- If the LCSA is part of your case, they need to be served as well.
Figure out how you need to serve (personal or by mail)
Personal service: If this is the first court case about the child and the VDOP, then you must have the papers personally served. This means another adult must hand-deliver the papers.
Serve by mail: If you already have an open case about the child based on the VDOP and the other person started the case or filed a response, then you can have the papers served by mail. This means another adult can mail the papers.
How to personally serve Request to Set Aside VDOP
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Choose a server
You can't serve papers yourself. Ask another adult – a server – to deliver the papers.
Your server must be:
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18 or over, and
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Not part of your case
Your server can be:
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Someone you know
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The county sheriff (in most, not all, counties)
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A professional process server you hire
The sheriff charges to serve papers unless you have a fee waiver.
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Figure out deadline to serve
Deadline to personally serve
Unless the court orders a different time to serve, your server must deliver the papers at least 16 court days before your hearing.
A court day is a day the court is open (Monday through Friday, except court holidays).
Take out a calendar and find your court date (it’s listed on the first page of your Request).
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Count backwards on the calendar 16 court days (Monday to Friday, not including any court holidays). Your court date is not counted (so it’s day “0”).
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Stop when you get to the 16th court day. That’s your deadline.
Your server needs to hand-deliver the papers on or before this date.
Deadline to serve by mail
Unless the court orders a different time to serve, your server must mail the papers at least 16 court days plus 5 calendar days before your court date.
A court day is a day the court is open (Monday through Friday, excluding court holidays).
Take out a calendar and find your court date (it’s listed on the first page of your Request).
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Count backwards on the calendar 16 court days (Monday to Friday, not including any court holidays). Your court date is not counted (so it’s day “0”).
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When you get to the 16th day, count back 5 calendar days (these can be weekends or holidays)
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Check what day this is:
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If it’s not a holiday or weekend, that’s your deadline.
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If it’s a Saturday or Sunday or court holiday, count back to a day that court would be open, that’s your deadline.
Your server needs to mail the papers before this date.
If you can't meet the mail service deadline, your server can try personal service. For personal service, your server must hand-deliver the papers 16 court days before the court date.
Out-of-State: Mail the papers 16-court days plus 10 calendar days before your court date
Outside the United States: For some countries, you can mail the papers 16-court days plus 20 calendar days before your court date. Special rules may apply to service in other countries. Ask your local Self-Help Center or a lawyer for information about how to serve someone outside the United States
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Have your server deliver the papers to the other side
Your server hands or mails the other side and the LCSA:
- Copy of your Request for Hearing and any attachments
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A blank Responsive Declaration to Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-285)
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Any other papers you filed (except any fee waivers)
Tell your server to write down the date they handed or mailed them the papers. Your server needs this date to fill out the Proof of Service form.
If the other person won’t take the papers, your server may leave them by the person and tell them what they are. For example, your server can leave them on the ground next to them and say, "These are important legal papers for you." -
Have your server complete the Proof of Service form
If the papers were hand delivered, use Proof of Personal Service (form FL-330).
If the papers were mailed, use Proof of Service by Mail (form FL-335).
It helps if you fill in the top part of the form with the case and court information.
Your server can then fill in the information about how, when, and where they served the papers. Your server must sign the form.
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Copy and file the Proof of Service form
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Make a copy of your Proof of Service form.
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File the original and the copy with the court where you filed the papers at least 5 court days before your hearing date. The court will stamp and return the copy.
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Keep the copy of the Proof of Service form for your records.
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Set aside a VDOP
What's next?
Once your server delivers the Request, learn about what to expect at your hearing so you know how to prepare.