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Ask the judge to cancel a Voluntary Declaration of Parentage

To ask a judge to cancel (set aside) a Voluntary Declaration of Parentage or Paternity (VDOP), you fill out and file a court form. When you file the form, the clerk will give you a court date (a hearing date). At the hearing, you and the child's other parent will both get the chance to speak to the judge. Then, the judge will make a decision.

Check your deadlines before you start

Generally, you have a limited amount of time to file a request to set aside a VDOP

The deadlines are different depending on when the VDOP was filed with the Department of Child Support Services (DCSS), who signed it, and the reason you want to set it aside.

Find out the deadlines:

If the VDOP was filed on or after January 1, 2020, your deadline depends on whether you signed the VDOP or not, and the age of the parents when they signed the VDOP.

If you signed the VDOP, you must file your request within 2 years of the day the VDOP was filed with DCSS.

If you did not sign the VDOP (you want to cancel the VDOP someone else signed because you think you are the legal parent and not them), you generally must file your request within either:

2 years of the day the VDOP was filed with DCSS
6 months of the date a court entered an order or judgment for child custody, visitation, or support based on the VDOP

The law about when you can set aside a VDOP changed on January 1, 2020. Because of the change, the deadlines and reasons when a judge can cancel a VDOP signed before January 1, 2020 can be complicated.

In general, you must file your request either

Before the child's 2nd birthday
Within 6 months of the date a court entered an order or judgment for child custody, visitation, or support based on the VDOP

Talk to your court's Self-Help Center staff for more information or a lawyer for legal advice.

There are no deadlines to file a request for a judge to find the VDOP is invalid (void). Generally, a VDOP is invalid if the people who signed it were not eligible to use the VDOP. For example, if there's already a court order that says who a child's parent is, but then someone else later signs a VDOP, that VDOP is invalid.

How to ask the judge to set aside a VDOP

Fill out form
Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (form FL-280)
Whether you are the Petitioner or Respondent and what case number to use depends on whether there's already a court case about the child based on your VDOP. For example, a child support case with the Local Child Support Agency or a court case where a judge made child custody orders.

If there is a court case

When you fill out your Form FL-280, use the same names for the “Petitioner” and “Respondent” or “Other Parent” and the case number shown on the court paper from the other case.

If this is the first court case

You are the “Petitioner/Plaintiff.” The other parent is the “Respondent/Defendant.” Leave the case number blank on your Form FL-280. The clerk will give you a case number when you file it.
Get more help from an information sheet on how to complete Form FL-280.
Make copies

Make 3 copies of your form.
File forms with the clerk
To file your forms with the court:
- Give the original and the 2 copies to the court clerk
- Pay a $60 fee (unless you have a fee waiver)
There may be other fees.

The clerk will:
- Stamp the forms
- Write a hearing date on the Request for Hearing form
- Keep the original form and return the copies to you
A judge will make a decision about your request at the hearing.

Yes, you can file by mail. Mail your original and 2 copies to the clerk. You need to include the filing fee and a self-addressed stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed, stamped envelope you will have to go to the courthouse to pick up your copies. 

Some courts allow online filing (called e-file). You can find out if your court has online filing by visiting your court’s website.

Set aside a VDOP

What's next?

After you fill out and file the Request for Hearing, you must have a copy delivered to the other parent. This is called serving court papers.

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Go to an overview of the different ways to cancel a VDOP.
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Get step-by-step instructions on how to serve your request to set aside the VDOP.

Ask the judge to cancel a Voluntary Declaration of Parentage

Check your deadlines before you start

Generally, you have a limited amount of time to file a request to set aside a VDOP

Get legal help if you want to cancel a VDOP.

Fill out form

Make copies

File forms with the clerk

Go back to an overview

Send this page to yourself

Go to next step

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