Fill and Sign the Response Notice Motion Form

FL-276 ATTORNEY OR PARTY WITHOUT ATTORNEY OR GOVERNMENTAL AGENCY ( under Family Code, §§ 17400, 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: ––––– RESPONSE TO NOTICE OF MOTION TO SET ASIDE JUDGMENT OF PATERNITY HEARING DATE: TIME: DEPT., ROOM, OR DIVISION: CASE NUMBER: ––––– ––––– ––––– ––––– 1. My position on the facts regarding paternity as alleged in the motion to set aside the judgment and voluntary declaration of paternity, if a declaration was filed regarding the following children, is: Name of child Date of birth a. Agree Disagree ––––– ––––– b. Agree Disagree ––––– ––––– c. Agree Disagree ––––– ––––– d. Agree Disagree ––––– ––––– e. Agree Disagree ––––– ––––– f. Agree Disagree ––––– ––––– g. Agree Disagree ––––– ––––– h. Agree Disagree ––––– ––––– i. Agree Disagree ––––– ––––– 2. My position on genetic testing of each of the following children is: Name of child Date of birth a. Agree Disagree ––––– ––––– b. Agree Disagree ––––– ––––– c. Agree Disagree ––––– ––––– d. Agree Disagree ––––– ––––– e. Agree Disagree ––––– ––––– f. Agree Disagree ––––– ––––– g. Agree Disagree ––––– ––––– h. Agree Disagree ––––– ––––– i. Additional children are listed on a page attached to this response. 3. I agree disagree with the request to appoint a guardian ad litem for each of the children subject to this request. 4. The motion is not complete because (specify): ––––– ––––– 5. The motion is not timely because (specify): ––––– ––––– 6. The motion is not proper because (specify): ––––– ––––– Page 1 of 3 Form Adopted for Mandatory Use Judicial Council of California Family Code, §§ 7646, 7575 FL-276 [New January 1, 2006] RESPONSE TO NOTICE OF MOTION TO SET ASIDE JUDGMENT OF PATERNITY (Family Law—Governmental) electronic form ã 2005 WWW.LawCA.co m Law Publishers FL-276 PETITIONER/PLAINTIFF: ––––– CASE NUMBER: RESPONDENT/DEFENDANT: ––––– ––––– OTHER PARENT: ––––– 7. The facts in support of this response are: a. The paternity judgment resulted from a marital dissolution, legal separation, or nullity action. b. The marriage presumption contained in Family Code section 7540 applies. c. The paternity judgment was not issued in California. d. There is another California judgment of paternity in a different case for the same previously established father and child. e. There is a voluntary declaration of paternity, and there is no basis to set it aside. f. Genetic tests were conducted before the judgment that indicated the previously established father is the biological father of the child. g. The paternity judgment is based on an adoption. h. The child was conceived by artificial insemination, and the paternity judgment is based on Family Code section 7613. i. The child was conceived under a surrogacy agreement. j. The motion is not in the best interest of the child because (specify): ––––– ––––– ––––– ––––– k. Other (specify): ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– ––––– Contained in the attached declaration. 8. Number of pages attached: ––––– I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ––––– ––––– (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) FL-276 [New January 1, 2006] RESPONSE TO NOTICE OF MOTION Page 2 of 3 TO SET ASIDE JUDGMENT OF PATERNITY (Family Law—Governmental) FL-276 PETITIONER/PLAINTIFF: ––––– CASE NUMBER: RESPONDENT/DEFENDANT: ––––– ––––– OTHER PARENT: ––––– PROOF OF SERVICE BY MAIL 1. I am at least 18 years of age, not a party to this case, and a resident of, or an employee in, the county where the mailing took place. 2. My residence or business address is (specify): ––––– ––––– ––––– ––––– ––––– 3. I served a copy of this response by enclosing it in a sealed envelope with first-class postage fully prepaid and depositing it in the United States mail as follows: a. Date of deposit: ––––– c. Place of deposit (city and state): ––––– b. Addressed as follows: ––––– I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: ––––– ––––– (TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT) FL-276 [New January 1, 2006] RESPONSE TO NOTICE OF MOTION Page 3 of 3 TO SET ASIDE JUDGMENT OF PATERNITY (Family Law— Governmental)