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 Moreno Valley, California is a legal document filed by a party who wishes to challenge or overturn a previous court order regarding paternity. This motion can be filed by either the presumed father seeking to challenge his legal responsibility for a child or by the mother seeking to dispute the declared father's paternity. There are several types of Notice of Motion to Set Aside Judgment of Paternity that may be filed in Moreno Valley, California. These include: 1. Lack of Biological Relationship: This type of motion is filed when the presumed father believes there is sufficient evidence to prove that he is not the biological father of the child. Evidence may include DNA test results or medical records showing infertility or impossibility of conception during the relevant period. 2. Fraud or Misrepresentation: This motion is filed when either party believes that there was fraud or misrepresentation involved in establishing paternity. For example, if the father can prove that the mother knowingly misrepresented his paternity or if he can demonstrate that he was deceived into accepting paternity, he may file this motion to set aside the judgment. 3. Newly Discovered Evidence: In some cases, new evidence may emerge after the initial paternity judgment that could significantly impact the outcome. This evidence must not have been available at the time of the original determination. The party filing the motion must provide a valid reason for not presenting the evidence during the initial proceeding. 4. Legal Mistakes or Errors: If either party believes that there were legal mistakes or errors in the initial paternity judgment, a motion may be filed to set it aside. Common legal errors include procedural errors, failure to consider certain evidence, or incorrectly applying the law. 5. Change in Circumstances: A motion based on a change in circumstances may be filed if there have been substantial changes since the initial judgment that warrant revisiting the paternity determination. Such changes could include the discovery of new evidence, a change in the child's welfare or best interests, or a significant change in the parties' financial situations. In Moreno Valley, California, filing a Notice of Motion to Set Aside Judgment of Paternity requires careful adherence to the relevant laws and court procedures. It is advisable to consult with an experienced family law attorney to navigate this legal process successfully.
