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Family Code - FAM - FAM § 7641

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7641

(a) If there is a voluntary declaration of paternity in place, or parentage or a duty of support has been acknowledged or adjudicated under this part or under prior law, the obligation of the parent may be enforced in the same or other proceedings by any of the following: (1) The

Family Code - FAM - FAM § 7642

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7642

The court has continuing jurisdiction to modify or set aside a judgment or order made under this part. A judgment or order relating to an adoption may only be modified or set aside in the same manner and under the same conditions as an order of adoption may be modified or set asi

Family Code - FAM - FAM § 7643

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7643

(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers

Family Code - FAM - FAM § 7643.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7643.5

(a) Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part for an action filed on or after January 1, 2023, under Section 7613, subdivision (f) of Section 7630, or Part 7 (commencing with Section 7960), may be held in closed

Family Code - FAM - FAM § 7644

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7644

(a) Notwithstanding any other law, an action for child custody and support and for other relief as provided in Section 7637 may be filed based upon a voluntary declaration of parentage as provided in Chapter 3 (commencing with Section 7570) of Part 2. (b) Except as provided in Se

Family Code - FAM - FAM § 7645

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7645

For purposes of this article, the following definitions shall apply: (a) “Child” means the child of a previously established father or mother, as determined by the superior court in a judgment that is the subject of a motion brought pursuant to this article, or as a matter of law

Family Code - FAM - FAM § 7646

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7646

(a) Notwithstanding any other law, a judgment establishing parentage may be set aside or vacated upon a motion by a previously established parent, the child, or the legal representative of any of these persons if genetic testing indicates that the previously established father of

Family Code - FAM - FAM § 7647

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7647

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

Family Code - FAM - FAM § 7647.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7647.5

A guardian ad litem may be appointed for the child to represent the best interests of the child in an action brought pursuant to this article.

Family Code - FAM - FAM § 7647.7

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7647.7

Any genetic testing used to support the motion to set aside or vacate shall be conducted in accordance with Section 7552. The court shall, at the request of any person authorized to make a motion pursuant to this article, or may upon its own motion, order genetic testing to assis

Family Code - FAM - FAM § 7648

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648

The court may deny the motion to set aside or vacate a judgment establishing parentage if it determines that denial of the motion is in the best interest of the child, after consideration of the following factors: (a) The age of the child. (b) The length of time since the entry o

Family Code - FAM - FAM § 7648.1

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.1

If the court denies a motion pursuant to Section 7648, the court shall state on the record the basis for the denial of that motion and any supporting facts.

Family Code - FAM - FAM § 7648.2

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.2

(a) This section applies only to cases where support enforcement services are being provided by a local child support agency pursuant to Section 17400. (b) Upon receipt of any motion brought pursuant to Section 7646, the local child support agency may issue an administrative orde

Family Code - FAM - FAM § 7648.3

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.3

A court may not issue an order setting aside or vacating a judgment establishing paternity pursuant to this article under any of the following circumstances: (a) The judgment was made or entered by a tribunal of another state, even if the enforcement of that judgment is sought in

Family Code - FAM - FAM § 7648.4

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.4

Notwithstanding any other provision of law, if the court grants a motion to set aside or vacate a paternity judgment pursuant to this article, the court shall vacate any order for child support and arrearages issued on the basis of that previous judgment of paternity. The previou

Family Code - FAM - FAM § 7648.8

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.8

This article does not establish a basis for termination of any adoption, and does not affect any obligation of an adoptive parent to an adoptive child.

Family Code - FAM - FAM § 7648.9

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7648.9

This article does not establish a basis for setting aside or vacating a judgment establishing paternity with regard to a child conceived by assisted reproduction pursuant to Section 7613 or a child conceived pursuant to a surrogacy agreement.

Family Code - FAM - FAM § 7649

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7649

This article does not limit the rights and remedies available under any other law with regard to setting aside or vacating a judgment of parentage.

Family Code - FAM - FAM § 7649.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7649.5

Notwithstanding any other provision of this article, a distribution from the estate of a decedent or payment made by a trustee, insurance company, pension fund, or any other person or entity that was made in good faith reliance on a judgment establishing paternity that is final f

Family Code - FAM - FAM § 7650

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7650

(a) Any interested person may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this division applicable to the father and child relationship apply. (b) A woman is presumed to be the natural mo

Family Code - FAM - FAM § 7660

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7660

If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child who has a presumed parent under Section 7611, the presumed parent shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commenci

Family Code - FAM - FAM § 7660.5

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7660.5

Notwithstanding any other provision of law, a presumed father may waive the right to notice of any adoption proceeding by executing a form developed by the department before an authorized representative of the department, an authorized representative of a licensed public or priva

Family Code - FAM - FAM § 7661

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7661

If the other parent relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, the mother shall be given notice of the adoption proceeding and have the rights provided under Part 2 (commencing with Section 8600) of Division 13, unless t

Family Code - FAM - FAM § 7662

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7662

(a) If a mother relinquishes for or consents to, or proposes to relinquish for or consent to, the adoption of a child, or if a child otherwise becomes the subject of an adoption proceeding, the agency or person to whom the child has been or is to be relinquished, or the mother or

Family Code - FAM - FAM § 7663

statute | California | California Legislative Counsel

Family Code - FAM - FAM § 7663

(a) In an effort to identify all alleged fathers and presumed parents, the court shall cause inquiry to be made of the mother and any other appropriate person by one of the following: (1) The State Department of Social Services. (2) A licensed county adoption agency. (3) The lice