A New Case Allows Some Fathers to Challenge Paternity and Child Support Even If They Signed a Voluntary Declaration of Paternity
To challenge a California Voluntary Declaration of Paternity (VDOP), the putative father may need to file a court request (Form FL-280) to cancel it, which involves getting a court hearing date, notifying the other parent, and potentially requesting genetic testing, with strict deadlines and grounds like fraud or coercion, especially if more than 60 days have passed since signing.
- Within 60 Days (The Rescission Period)
Use Form DCSS 0915: The easiest way is to file a VDOP Rescission (Form DCSS 0915).
Sign & Notarize: Sign it in front of a notary, make copies, and send one copy to the other parent via certified mail.
Mail Original: Mail the original form and proof of mailing to the Department of Child Support Services (DCSS).
- After 60 Days (Court Process)
File Form FL-280: File the Request for Hearing and Application to Cancel (Set Aside) Voluntary Declaration of Parentage or Paternity (Form FL-280) with the court.
Get a Hearing: The court clerk will give you a court date.
Serve the Other Parent: You must legally notify (serve) the other parent about the court date and your request.
Attend the Hearing: Both parents speak to a judge, who decides whether to cancel the VDOP.
Request Genetic Testing: You can ask the court to order DNA testing at the hearing.
Legal Grounds & Deadlines
Grounds: Challenges are generally allowed for fraud, coercion, or mistake.
Deadlines: You usually have two years from the declaration’s effective date to challenge it in court, but it’s best to act quickly.
A new California Appellate Court Ruling Makes Clear that Under Certain Circumstance a Voluntary Declaration of Paternity Can Be Challenged Years After Signing.
The Lugo Decision Protects Your Right to Challenge Paternity Years After the Birth in Some Instances. Time May Not Be Up to Challenge a Voluntary Declaration of Paternity (VDOP)
If you have been served with a Complaint for Judgment of Parentage and an Order of Child Support by the California Department of Child Support Services (DCSS), or if you signed a Voluntary Declaration of Paternity (VDOP) years ago and now have serious concerns you are not the biological father, you may feel that your options have expired.
However, a recent decision in the California Court of Appeal, in the case of County of Los Angeles v. Henry J. Lugo III (2025) 116 Cal. App. 5th 206, has confirmed a lifeline for some individuals.
The Key Takeaway from County of Los Angeles v. Lugo III
The core issue in the Lugo case was the deadline for setting aside a VDOP. Mr. Lugo signed his VDOP in 2015. Years later, after the County of Los Angeles filed a complaint to establish child support, he filed a request to set aside the VDOP on the grounds of fraud, citing DNA evidence proving he was not the father.
The trial court initially denied his request as untimely, applying the current two-year deadline established by Family Code section 7576, which became operative in 2020.
The Court of Appeal reversed that decision. The appellate court held that for any VDOP that was filed before January 1, 2020, the old law, former Family Code section 7575(c)(1), still governs the deadline. This means:
- The challenge to the VDOP may be considered timely if filed within a reasonable time, not exceeding six months, after a court makes an initial order for child custody, visitation, or child support based on the VDOP.
Mr. Lugo filed his set-aside request just over five months after the initial child support order, and the Court of Appeal found it to be timely. This decision creates a pathway for many fathers who may have previously believed they were out of time to challenge an inaccurate VDOP.
This case highlights the complexity of family law and the need for experienced, dedicated legal representation. If your fact pattern is similar to Mr. Lugo’s—specifically, a VDOP was filed before 2020, you believe you are not the actual parent, and you have been served with a DCSS complaint—you need to act immediately.
Lead attorney Galen Gentry, Esq., has the specialized experience required to navigate these nuanced legal deadlines and complex parentage disputes.
- Significant Experience: Mr. Gentry has personally tried more than 39 family law paternity cases.
- Top Rating: He is AV-Rated by Martindale Hubbell, the highest peer-review rating for legal ability and ethical standards.
The window to act is tight, but as the Lugo case confirms, a window still exists.
Contact Us Today for a Free Consultation
If you have a pre-2020 VDOP and concerns about your parentage, don’t assume it’s too late. Contact us right away to discuss your rights and legal strategy.
We offer free consultations to review the facts of your case and determine if the Lugo ruling, or other legal arguments, can provide you with the relief you deserve. Call 310 282 7521 to schedule.