CHILDREN AND THE LAW
...Evidentiary Issues
......Paternity Cases
.........Setting Aside Patern. Jdgmt. (FC 7645 et seq.)
7 Cards On This Topic:

Trial court did not err in determining D's motion to aside paternity judgment was untimely where he filed it 12/29/06 but the 2-yr. period set forth in FC 7646(a)(3) commenced on 9/28/04, the date the statute was enacted.

As trial court never acquired fundamental personal jurisdiction over D, who was in jail when process server falsely claimed he personally served him, order denying D's motions to set aside default and dismiss reversed.

Court may not set aside default paternity judgment because nonparty mother did not cooperate with court-ordered genetic testing.

FC 7648.4 does not permit c/s reimbursement order in favor of an erroneously declared father.

F had standing to file paternity action wherein D's voluntary paternity declaration set aside as F had status as a Kelsey S. father, and FC 7575 did not preclude his filing action.

As no extrinsic fraud which would permit trial court to set aside paternity declaration despite its untimeliness, court abused its discretion by ordering genetic testing to decide whether to set aside judgment.

Although trial court, following law at time, did not abuse discretion in denying mtn to modify c/s to 0 based on DNA report, D can proceed in trial ct. to have paternity judgment set aside under newly enacted FC 7645 et seq.