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.
A Notice of Motion to Set Aside Judgment of Paternity in Alameda, California is a legal document that can be filed by an individual who wants to challenge or overturn a previous court decision regarding paternity. This motion serves as a request to the court to reexamine the original judgment and potentially modify or cancel it based on new evidence, errors in procedure, or other valid grounds. In Alameda County, there are a few different types of Notice of Motion to Set Aside Judgment of Paternity that can be filed, depending on the circumstances and the desired outcome: 1. Notice of Motion to Set Aside Default Judgment of Paternity: This type of motion is filed when a defendant was not properly served with a summons or did not have the opportunity to participate in the original paternity case, resulting in a default judgment being entered against them. By filing this motion, the defendant can request the court to set aside the default judgment and reopen the case to present their side of the argument. 2. Notice of Motion to Set Aside Paternity Judgment due to Mistake, Fraud, or Duress: This motion is filed when there is new evidence, previously unknown information, or proof of fraud or duress that significantly affects the paternity judgment. The individual filing this motion must provide strong evidence to support their claim and convince the court that the original judgment should be set aside. 3. Notice of Motion to Set Aside Paternity Judgment based on Genetic Testing Results: In cases where there are doubts about the accuracy of the original paternity testing or if new DNA evidence becomes available, this motion can be filed. The individual seeking to set aside the paternity judgment must present compelling genetic testing results that establish that they are not the biological parent. When drafting the Notice of Motion to Set Aside Judgment of Paternity in Alameda, California, it is crucial to include specific details and legal arguments to support the motion. Additionally, key relevant keywords and phrases to consider incorporating into the content could include: Alameda County Superior Court, California Family Code, paternity test, child custody, child support, legal representation, court forms, court procedures, written declaration, legal grounds, fraud, mistake, duress, genetic testing, DNA evidence, factual basis, burden of proof, lawful service, default judgment, summons, hearings, legal deadlines, and competent legal advice.A Notice of Motion to Set Aside Judgment of Paternity in Alameda, California is a legal document that can be filed by an individual who wants to challenge or overturn a previous court decision regarding paternity. This motion serves as a request to the court to reexamine the original judgment and potentially modify or cancel it based on new evidence, errors in procedure, or other valid grounds. In Alameda County, there are a few different types of Notice of Motion to Set Aside Judgment of Paternity that can be filed, depending on the circumstances and the desired outcome: 1. Notice of Motion to Set Aside Default Judgment of Paternity: This type of motion is filed when a defendant was not properly served with a summons or did not have the opportunity to participate in the original paternity case, resulting in a default judgment being entered against them. By filing this motion, the defendant can request the court to set aside the default judgment and reopen the case to present their side of the argument. 2. Notice of Motion to Set Aside Paternity Judgment due to Mistake, Fraud, or Duress: This motion is filed when there is new evidence, previously unknown information, or proof of fraud or duress that significantly affects the paternity judgment. The individual filing this motion must provide strong evidence to support their claim and convince the court that the original judgment should be set aside. 3. Notice of Motion to Set Aside Paternity Judgment based on Genetic Testing Results: In cases where there are doubts about the accuracy of the original paternity testing or if new DNA evidence becomes available, this motion can be filed. The individual seeking to set aside the paternity judgment must present compelling genetic testing results that establish that they are not the biological parent. When drafting the Notice of Motion to Set Aside Judgment of Paternity in Alameda, California, it is crucial to include specific details and legal arguments to support the motion. Additionally, key relevant keywords and phrases to consider incorporating into the content could include: Alameda County Superior Court, California Family Code, paternity test, child custody, child support, legal representation, court forms, court procedures, written declaration, legal grounds, fraud, mistake, duress, genetic testing, DNA evidence, factual basis, burden of proof, lawful service, default judgment, summons, hearings, legal deadlines, and competent legal advice.