This is a Notice of Motion to Set Aside Judgment of Paternity. This form is used when the previously established father is not the biological father of the child.
Modesto California Notice of Motion to Set Aside Judgment of Paternity is a legal document filed in the Modesto, California court system to request the reversal or invalidation of a judgment relating to paternity establishment. This motion challenges the existing judgment, claiming that it was entered in error or under circumstances that warrant reconsideration. By filing this motion, the party involved seeks to set aside the paternity judgment and potentially modify related orders, such as child support, custody, and visitation arrangements. The Notice of Motion to Set Aside Judgment of Paternity typically includes information such as: 1. Heading: The document includes a heading with the name of the court, party filing the motion, case number, and the title "Notice of Motion to Set Aside Judgment of Paternity." 2. Parties Involved: The motion identifies the parties involved, including the petitioner (the party requesting the judgment to be set aside) and the respondent (the other parent or individual affected by the motion). 3. Background and Basis: A detailed explanation is provided, outlining the reasons and justifications for setting aside the paternity judgment. This may include proving newly discovered evidence, fraud, mistake, excusable neglect, or any other valid legal grounds. 4. Supporting Facts and Arguments: The document includes a comprehensive statement of facts supporting the motion, presenting evidence and legal arguments to challenge the existing paternity judgment. It may refer to specific sections of relevant California family law statutes. 5. Supporting Documents: The petitioner may attach relevant documentation, such as DNA test results, affidavits, expert opinions, or any other evidence that substantiates the claims made in the motion, further strengthening their case. 6. Relief Requested: Clear and specific requests are made, such as setting aside the judgment of paternity, modifying child support orders, reevaluating custody arrangements, visitation schedules, or any other related orders. 7. Legal Authority: The document may cite relevant California Code of Civil Procedure (CCP) sections, such as CCP Section 473, which allows parties to seek relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect. Different types of Modesto California Notice of Motion to Set Aside Judgment of Paternity may include variations in the grounds for requesting the motion, the arguments presented, or the specific relief sought. However, the overall structure and purpose of the document remain consistent. It is crucial to consult with a legal professional or review the applicable local court rules to ensure the accuracy and compliance of the motion documentation.Modesto California Notice of Motion to Set Aside Judgment of Paternity is a legal document filed in the Modesto, California court system to request the reversal or invalidation of a judgment relating to paternity establishment. This motion challenges the existing judgment, claiming that it was entered in error or under circumstances that warrant reconsideration. By filing this motion, the party involved seeks to set aside the paternity judgment and potentially modify related orders, such as child support, custody, and visitation arrangements. The Notice of Motion to Set Aside Judgment of Paternity typically includes information such as: 1. Heading: The document includes a heading with the name of the court, party filing the motion, case number, and the title "Notice of Motion to Set Aside Judgment of Paternity." 2. Parties Involved: The motion identifies the parties involved, including the petitioner (the party requesting the judgment to be set aside) and the respondent (the other parent or individual affected by the motion). 3. Background and Basis: A detailed explanation is provided, outlining the reasons and justifications for setting aside the paternity judgment. This may include proving newly discovered evidence, fraud, mistake, excusable neglect, or any other valid legal grounds. 4. Supporting Facts and Arguments: The document includes a comprehensive statement of facts supporting the motion, presenting evidence and legal arguments to challenge the existing paternity judgment. It may refer to specific sections of relevant California family law statutes. 5. Supporting Documents: The petitioner may attach relevant documentation, such as DNA test results, affidavits, expert opinions, or any other evidence that substantiates the claims made in the motion, further strengthening their case. 6. Relief Requested: Clear and specific requests are made, such as setting aside the judgment of paternity, modifying child support orders, reevaluating custody arrangements, visitation schedules, or any other related orders. 7. Legal Authority: The document may cite relevant California Code of Civil Procedure (CCP) sections, such as CCP Section 473, which allows parties to seek relief from a judgment due to mistake, inadvertence, surprise, or excusable neglect. Different types of Modesto California Notice of Motion to Set Aside Judgment of Paternity may include variations in the grounds for requesting the motion, the arguments presented, or the specific relief sought. However, the overall structure and purpose of the document remain consistent. It is crucial to consult with a legal professional or review the applicable local court rules to ensure the accuracy and compliance of the motion documentation.
