Fill and Sign the After Hearing Motion Form

FL-278 ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY (under Family Code, §§ 17400 and 17406) FOR COURT USE ONLY (Name, State Bar number, and address): ––––– ––––– ––––– TELEPHONE NO.: ––––– FAX NO. (Optional): ––––– E-MAIL ADDRESS (Optional): ––––– ATTORNEY FOR (Name): ––––– SUPERIOR COURT OF CALIFORNIA, COUNTY OF ––––– STREET ADDRESS: ––––– MAILING ADDRESS: ––––– CITY AND ZIP CODE: ––––– BRANCH NAME: ––––– PETITIONER/PLAINTIFF: ––––– RESPONDENT/DEFENDANT: ––––– OTHER PARENT: ––––– ORDER AFTER HEARING ON MOTION CASE NUMBER: TO SET ASIDE JUDGMENT OF PATERNITY ––––– 1. This matter proceeded as follows: Uncontested By stipulation Contested a. Date: ––––– Dept.: ––––– Judicial officer: ––––– b. Petitioner/plaintiff present Attorney present (name): ––––– c. Respondent/defendant present Attorney present (name): ––––– d. Other parent present Attorney present (name): ––––– e. Children present (name): ––––– Attorney present (name): ––––– f. Guardian ad litem present (name): ––––– g. Attorney for local child support agency (name): ––––– h. Other (specify): ––––– 2. For purposes of this order a. the previously established father is (name): ––––– b. the previously established mother is (name): ––––– THE COURT FINDS 3. The following facts exist regarding the previously established father and the children listed below: Signed Voluntary Name of child Date of birth Biological Father Paternity Judgment Declaration of Paternity a. ––––– ––––– Yes No Yes No Yes No b. ––––– ––––– Yes No Yes No Yes No c. ––––– ––––– Yes No Yes No Yes No d. ––––– ––––– Yes No Yes No Yes No e. ––––– ––––– Yes No Yes No Yes No f. ––––– ––––– Yes No Yes No Yes No g. ––––– ––––– Yes No Yes No Yes No h. ––––– ––––– Yes No Yes No Yes No i. Additional children are listed on a page attached to this order . Page 1 of 3 Form Adopted for Mandatory Use Family Code, §§ 7646, 7575 Judicial Council of California FL-278 [New January 1, 2006] ORDER AFTER HEARING ON MOTION TO SET ASIDE JUDGMENT OF PATERNITY (Family Law—Governmental) electronic form ã 2005 WWW.LawCA.co m Law Publishers FL-278 PETITIONER/PLAINTIFF: ––––– CASE NUMBER: RESPONDENT/DEFENDANT: ––––– ––––– OTHER PARENT: ––––– 4. Other (specify): ––––– ––––– THE COURT ORDERS 5. All orders previously made in this action will remain in full force and effect except as specifically modified below. Judgment of Voluntary Declaration Name of child Date of birth Paternity Set Aside of Paternity Set Aside a. ––––– ––––– Yes No Yes No N/A b. ––––– ––––– Yes No Yes No N/A c. ––––– ––––– Yes No Yes No N/A d. ––––– ––––– Yes No Yes No N/A e. ––––– ––––– Yes No Yes No N/A f. ––––– ––––– Yes No Yes No N/A g. ––––– ––––– Yes No Yes No N/A h. ––––– ––––– Yes No Yes No N/A i. Additional children are listed on a page attached to this order. All child support and arrearage orders concerning each child for whom a previous judgment of paternity has been set aside are vacated. The previously established father has no right to reimbursement for any child support paid before the set-aside of the judgment of paternity or voluntary declaration of paternity. j. A judgment of nonpaternity is granted with respect to the following children (specify): ––––– ––––– k. The motion is denied, based upon the best interest of the child, with regard to the following children (specify): ––––– ––––– 6. For the children named in item 5k, the court denies the motion to set aside because of (check all that apply): a. The age of the child (specify): ––––– ––––– b. The length of time since the entry of the judgment establishing paternity (specify time period): ––––– ––––– c. The nature, duration, and quality of the relationship between the previously established father and the child, including the duration and frequency of any time periods during which the child and the previously established father resided in the same household or enjoyed a parent-child relationship (specify): ––––– ––––– d. The fact that the previously established father has requested that the parent-child relationship continue. e. The fact that the biological father of the child does not oppose preservation of the relationship between the previously established father and the child. f. The fact that there would be a detriment to the child if biological parentage was established (explain): FL-278 [New January 1, 2006] ORDER AFTER HEARING ON MOTION Page 2 of 3 TO SET ASIDE JUDGMENT OF PATERNITY (Family Law— Governmental) FL-278 PETITIONER/PLAINTIFF: ––––– CASE NUMBER: RESPONDENT/DEFENDANT: ––––– ––––– OTHER PARENT: ––––– 7. g. The fact that the previously established father has hindered the ability to discover the identity of, or get support from, the biological father (specify): ––––– ––––– ––––– ––––– h. Other factors concerning the best interest of the child (specify): ––––– ––––– ––––– 8. If this order vacates or sets aside a voluntary declaration of paternity, the court clerk must send a copy of this order to the California Department of Child Support Services at (specify address): ––––– ––––– ––––– ––––– 9. The court further orders (specify): ––––– ––––– ––––– ––––– ––––– Date: ––––– JUDICIAL OFFICER Number of pages attached: ––––– SIGNATURE FOLLOWS LAST ATTACHMENT Approved as conforming to court order: ––––– Date: ––––– SIGNATURE OF ATTORNEY FOR (specify): PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT OTHER Approved as conforming to court order: ––––– Date: ––––– SIGNATURE OF ATTORNEY FOR (specify): PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT OTHER Approved as conforming to court order: ––––– Date: ––––– SIGNATURE OF ATTORNEY FOR (specify): PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT OTHER Approved as conforming to court order: ––––– Date: ––––– SIGNATURE OF ATTORNEY FOR (specify): PETITIONER/PLAINTIFF RESPONDENT/DEFENDANT OTHER FL-278 [New January 1, 2006] ORDER AFTER HEARING ON MOTION Page 3 of 3 TO SET ASIDE JUDGMENT OF PATERNITY (Family Law— Governmental)