Legal Question in Family Law in California
In the state of ca.i just filed for childsupport. children out of wedlock. but father signed pop dec ..hes denaying them what can i do? will i have to go to court? can he ask for dna test?
1 Answer from Attorneys
A Voluntary Declaration of Paternity has the same effect as a judgment, unless it is set aside. It is not valid, however, if it was never filed with the California Department of Child Support Services Department Paternity Opportunity Program. So I hope that is was filed.
If a Voluntary Declaration of Paternity was filed and you want a copy of it, you can either complete a Request for a Filed Declaration of Paternity (CS 918) or send a letter to:
DCSS � POP Unit
P.O. Box 41900
Rancho Cordova, California 95741-9070.
You can learn more and get a copy of the appropriate form at the following website: http://www.childsup.ca.gov/Default.aspx
He can contest the Voluntary Declaration of Paternity within 2 years of the birth of the child. This is done with court ordered genetic testing. But the court is given discretion to refuse to set aside the VDOP if it finds that it is in the best interests of the child to do so, after considering the factors set forth in Family Code section 7575, subdivision (b)(1).)