(a) A court may grant a motion to set aside or vacate a judgment establishing parentage only if all of the following conditions are met:

(1) The motion is filed in a court of proper venue.

Terms Used In California Family Code 7647

  • County: includes city and county. See California Family Code 67
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • order: include a decree, as appropriate under the circumstances. See California Family Code 100
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
  • Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
  • Venue: The geographical location in which a case is tried.

(2) The motion contains, at a minimum, all of the following information, if known:

(A) The legal name, age, county of residence, and residence address of the child.

(B) The names, mailing addresses, and counties of residence, or, if deceased, the date and place of death, of the following persons:

(i) The previously established parents and the alleged father of the child.

(ii) The guardian of the child, if any.

(iii) Any person who has physical custody of the child.

(iv) The guardian ad litem of the child, if any, as appointed pursuant to Section 7647.5.

(C) A declaration that the person filing the motion believes that the previously established father is not the genetic father of the child, the specific reasons for this belief, and a declaration that the person desires that the motion be granted. The moving party is not required to present evidence of genetic testing indicating that the previously established father is not the genetic father of the child in order to bring this motion pursuant to Section 7646.

(D) A declaration that the marital presumption set forth in Section 7540 does not apply and that an action is not barred under paragraph (2) of subdivision (a) of Section 7630.

(3) The court finds that the previously established father is not a genetic parent pursuant to Section 7555.

(b) The motion shall include a proof of service upon the following persons, excluding the person bringing the motion:

(1) The parties to the action resulting in the judgment of parentage.

(2) The local child support agency, if services are being provided to the child pursuant to Title IV-D or IV-E of the Social Security Act (42 U.S.C. § 651 et seq. and 42 U.S.C. § 670 et seq.).

(3) The child’s guardian ad litem, if any.

(Amended by Stats. 2018, Ch. 876, Sec. 59. (AB 2684) Effective January 1, 2019.)

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