Establishing secure connection…Loading editor…Preparing document…

California Declaration in Support of Motion to Set Aside Judgment of Paternity

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

DECLARATION IN SUPPORT OF MOTION TO SET ASIDE JUDGMENT OF PATERNITY

PETITIONER/PLAINTIFF:

RESPONDENT/DEFENDANT:

OTHER PARENT:

CASE NUMBER:

DECLARATION IN SUPPORT OF MOTION TO SET ASIDE JUDGMENT OF PATERNITY

(Attach a copy of this declaration for each child for whom relief is requested.)

1. The orders requested are for the following child. The legal name, home address, date of birth, and county of residence are (specify if known, write “unknown” if unknown):

a. Child’s name:

b. Address:

c. County of residence:

d. Date of birth:

2. The name, mailing address, and county of residence, or, if deceased, the date and place of death, of the following persons are (if unknown, write “unknown”):

a. Previously Established Father

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

b. Previously Established Mother

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

c. Biological Father

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

d. Biological Mother

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

e. Guardian of the child

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

f. Person with physical custody of the child

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

g. Guardian Ad Litem of the child

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

h. Other (specify):

Name:

Address:

County of residence:

Deceased

Date of death:

Place of death:

3. In support of this request, I declare:

a. I believe the previously established father is not the biological father of the child. The specific reasons for this belief are (specify):

included in the attached page(s).

3. b. There is is not another judgment of paternity in a different case for the same previously established father and child. The other court case is (specify case number, state, and county of court):

A copy of the other judgment is is not attached. (If not attached, explain why.)

3. c. Other (specify):

COMPLETE THIS SECTION ONLY IF THERE IS A VOLUNTARY DECLARATION OF PATERNITY

4. The previously established father has signed a voluntary declaration of paternity for the child involved.

a. A copy of the voluntary declaration of paternity is is not attached. (If not attached, explain why not.)

b. There is is not an order for child support, custody, or visitation based on the voluntary declaration of paternity, initially filed on (date): in (specify state and county):

A copy of the order is is not attached. (If not attached, explain why not.)

c. The grounds for setting aside the voluntary declaration of paternity are (check all boxes that apply):

(1) No more than two years have passed since the date of birth of the child.

(2) No more than six months have passed since the date of the initial order for child support, custody, or visitation based on the voluntary declaration of paternity, and there is a mistake of fact or law, inadvertence, surprise, or excusable neglect regarding the signing of the voluntary declaration of paternity.

(3) No more than one year has passed since the date fraud or perjury regarding the signing of the voluntary declaration of paternity was discovered or should have been discovered.

(4) Other (specify):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSON REQUESTING THESE ORDERS)

FL-273 [New January 1, 2006]

DECLARATION IN SUPPORT OF MOTION TO SET ASIDE JUDGMENT OF PATERNITY
(Family Law—Governmental)

Page 2 of 2

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What this California declaration is and when it’s used

The California Declaration in Support of Motion to Set Aside Judgment of Paternity is a sworn written statement submitted to a family law court that supplements a motion asking the court to vacate or set aside a prior paternity judgment. It identifies the declarant, presents facts and evidence that justify relief (for example, evidence of mistaken identity, newly discovered DNA results, fraud, or lack of jurisdiction), and asks the court to grant specific relief. The declaration is typically filed with the motion, supporting exhibits, and a proposed order under local Superior Court rules.

Why a clear declaration matters in paternity motions

A focused declaration organizes the facts, ties evidence to legal grounds, and gives the judge a factual record on which to decide whether to set aside the paternity judgment. Well-prepared declarations reduce procedural objections and improve clarity for opposing parties and the court.

Why a clear declaration matters in paternity motions

Who typically prepares and relies on this declaration

The declaration should reflect the declarant’s personal knowledge, be supported by exhibits (DNA reports, financial records, correspondence), and comply with local rules for formatting, service, and proof of service.

  • Petitioner or respondent seeking relief — provides firsthand statements
  • Family law attorneys — draft and authenticate evidentiary attachments
  • Public agencies or counsel for child-support enforcement — submit when appropriate

Core parts of a professional California declaration

A complete declaration follows the court caption and organizes identity, facts, grounds, evidence, and verification so the judge can assess credibility and legality.

Court Caption

Case title, Superior Court name, case number, and correct party names in the official caption as required by local rules and California Rules of Court.

Declarant Details

Full legal name, address, relationship to the child or parties, and a short statement establishing the declarant’s basis of personal knowledge for the facts stated.

Statement of Facts

A clear, chronological narrative of material events with dates, locations, and any contemporaneous records; avoid speculation and stick to firsthand observations.

Legal Grounds

Cite the statutory or procedural grounds relied on (for example, mistake, new evidence, fraud, lack of jurisdiction) and explain how the facts satisfy the relevant standard.

Exhibits and Evidence

Attach labeled exhibits (DNA reports, medical records, correspondence) referenced in the declaration; explain each exhibit briefly and how it supports the motion.

Verification & Signature

Conclude with a signature block, date, and a verification statement under penalty of perjury or a notary acknowledgment if jurisdiction or local rules require it.

Essential fields to include on the declaration

Declarant name: Provide legal name exactly
Case number: Enter full court case number
Contact address: Include street, city, state, ZIP
Dates referenced: Use MM/DD/YYYY format
Exhibit list: Label exhibits A, B, C, etc.
Signature block: Signer, date, and verification

Risks and legal consequences to avoid

Perjury exposure: False statements may be criminal
Evidence exclusion: Improper exhibits may be struck
Sanctions: Court may impose monetary sanctions
Denial of relief: Insufficient facts may lead to denial
Support liability: Delayed motions may not stop obligations
Jurisdictional bars: Lack of jurisdiction can invalidate motion

Step-by-step: drafting and filing the declaration

Follow a clear sequence from gathering facts to filing so the motion is procedurally sound and evidentially supported.

  • 01
    Gather case information: Confirm caption, case number, and all party names.
  • 02
    Assemble evidence: Obtain DNA, records, correspondence, and label exhibits.
  • 03
    Draft declaration: Write a chronological, personal-knowledge narrative tied to exhibits.
  • 04
    File and serve: File with the clerk and serve parties per local rules.

Filing flow: from signed declaration to court hearing

A typical procedural flow covers signing, optional notarization, court filing, and hearing scheduling under local family law rules.

  • Sign the declaration: Declarant signs and dates; include verification under penalty of perjury.
  • Notarize if needed: Obtain notary acknowledgement where local rules or courts require it.
  • File with clerk: Submit original and copies to the Superior Court clerk.
  • Schedule hearing: Court sets a hearing date; prepare for opposition or briefing.

Supporting documents, formats, and delivery considerations

Complement the declaration with properly formatted exhibits and service documentation so the record is complete and admissible.

Exhibit formatting

Provide sequentially labeled exhibits, include a table of contents, Bates-number if voluminous, and cite each exhibit in the body of the declaration for easy reference at hearing.

Proof of service

Attach a completed proof of service form showing how, when, and to whom the documents were delivered in compliance with California Code of Civil Procedure requirements.

Official reports

Attach certified lab reports or authenticated medical records where possible; indicate chain of custody for biological evidence such as DNA test results.

Court formatting

Follow local Superior Court formatting rules for margins, font, page numbering, and include a proposed order if the motion seeks specific relief.

Practical tips for accurate, efficient declarations

Adhering to procedural and evidentiary best practices reduces objections and strengthens the motion.

Be chronological and concise
Organize facts by date, cite exhibits, and avoid repeating immaterial background; brevity focused on material facts helps the court evaluate the motion efficiently.
Attach authenticated evidence
Whenever possible attach certified reports (DNA, laboratory) or business records with proper authentication to reduce challenges to admissibility.
Use clear verification language
Conclude with a verification under penalty of perjury in the declarant’s own handwriting or a notary acknowledgment per local requirements to ensure the statement is sworn.
Confirm local rules and calendars
Check local Superior Court civil or family law rules for filing format, hearing notice periods, and any required local forms to avoid procedural rejection.

Timing considerations and typical deadlines

While specific deadlines vary by county and case type, timely action and adherence to service rules are critical for effective relief.

File promptly:

File the motion and declaration as soon as new evidence is available to avoid laches or statute of limitations issues.

Service deadlines:

Serve the motion and declaration per California Rules of Court; allow time for opposition and reply briefs.

Response period:

Opposing parties typically have 10–30 days to respond depending on the notice method and local rules.

Hearing notice:

Courts generally set a hearing 30–90 days after filing; emergency ex parte relief follows a different schedule.

Record retention:

Retain originals and certified exhibits long enough to cover appeals or reopened proceedings.

eSignature vendor pricing and capability snapshot for filing-ready documents

Comparing common vendor starting prices and basic capabilities can inform selection for electronically signing and distributing court-ready declarations.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Contact vendor Contact vendor Contact vendor Contact vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about using this declaration

Answers address common procedural and eSignature concerns when preparing and submitting a declaration to set aside a paternity judgment.


Need help? Contact support

Explore Templates

California Professional Corporation Organizational Minutes Wisconsin Postnuptial Agreement Washington Postnuptial Agreement Receipt and Release of Personal Representative Room Rental Agreement
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.