FL-274 - Information Sheet for Completing Notice of Motion to Cancel (Set Aside) Judgment of Parentage

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Information Sheet for Completing Notice of Motion to Cancel (Set Aside) Judgment of Parentage

Text

Form ID: FL-274
Title: Information Sheet for Completing Notice of Motion to Cancel (Set Aside) Judgment of Parentage
Effective Date: 2020-01-01
Mandatory Form: no
Languages: español
Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-274
Primary Download URL: https://www.courts.ca.gov/documents/fl274.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/fl274s.pdf
Form Detail Page:
Information Sheet for Completing Notice of Motion to Cancel (Set Aside) Judgment of Parentage
(FL-274)
Explains who can ask the court to cancel a judgment of parentage, what forms are needed, and describes the time frame for the filing.
Get form FL-274
español
Get form FL-274 in Spanish
(Spanish)
Effective: January 1, 2020
Go to
How-to instructions for Parentage
Go to
Parentage Form Packets
PDF Text:
Use the Notice of Motion to Cancel (Set Aside) Judgment of Parentage (form FL-272) and the Declaration in Support of Motion to 
Cancel (Set Aside) Judgment of Parentage (form FL-273) to cancel (set aside) an existing parentage judgment. If you are requesting to 
cancel (set aside) a parentage judgment for more than one child, complete a declaration (form FL-273) for each child. If there is a 
corresponding voluntary declaration of parentage or paternity, this motion may also be used to cancel (set aside) the voluntary 
declaration of parentage or paternity. The voluntary declaration of parentage or paternity and/or judgment of parentage may be 
canceled (set aside) only if the previously established parent is determined by genetic testing not to be the genetic parent of the child. 
(Even if the motion can be filed as described below, there may be other grounds to set aside the parentage judgment or other related 
relief may be available. You may wish to consult with an attorney or the family law facilitator
 in your county before completing and filing 
the motion.) In addition to this motion, you may file a separate motion to modify child support and set arrears. For information on 
changing the support order, see the Information Sheet on Changing a Child Support Order on page 2 of form FL-192.
Form Approved for Optional Use 
Judicial Council of California 
FL-274 [Rev. January 1, 2020]
INFORMATION SHEET FOR COMPLETING NOTICE OF MOTION TO 
CANCEL (SET ASIDE) JUDGMENT OF PARENTAGE
Family Code, §§ 7576, 7577, 7646 
www.courts.ca.gov
Page 1 of 2
NOTICE: IF A COURT ORDERED YOU TO PAY CHILD SUPPORT,  
YOU MUST CONTINUE PAYING SUPPORT WHILE THIS ACTION IS PENDING.
FL-274
INFORMATION SHEET FOR COMPLETING NOTICE OF MOTION TO CANCEL  
(SET ASIDE) JUDGMENT OF PARENTAGE (FORMS FL-272 AND FL-273) 
The following persons may bring this motion: (1) a previously established parent, mother, or father; (2) a genetic mother; (3) a 
presumed parent or an alleged genetic parent who is not a donor; (4) a child; or (5) a legal representative of any of the above persons.
Your request must be filed within the time frame that applies to you:
(1)
when the previously established parent knew or should have known of a judgment that determined him or her to be the 
parent of the child (for example, the date a wage garnishment was served), or
when the previously established parent knew or should have known of an action to determine parentage had been filed     
(for example, the date of service of a summons),
Within a two-year period starting on the date:
whichever is first, except as provided in paragraphs (2)–(5)  below, if parentage was established by a voluntary declaration of 
parentage or paternity.
(2) 
(3)
(4)
This motion may not be filed if any of the following conditions apply:
The parentage judgment resulted from a divorce, legal separation, or nullity.  
The marital presumption contained in Family Code section 7540 applies. (The marital presumption means a child is legally 
considered to be a child of the marriage if the parents were married and living together as spouses at the time of conception 
and birth.)
There are no deadlines to assert that the declaration was void (invalid) when it was signed under Family Code section 7573.5.(5)
For declarations filed on or after January 1, 2020, that you did NOT sign: 
(1) Within two years of the effective date* of the declaration, or (2) within six months of the entry of a court order or judgment for 
child custody, visitation, or support based on the declaration.
For all declarations filed before January 1, 2020: 
(1) Before the child's second birthday, or (2) within six months of the entry of a court order or judgment for child custody, 
visitation, or support based on the declaration.
For declarations filed on or after January 1, 2020, that you did sign: 
(1) Within two years of the effective date* of the declaration.
(*If both parents were 18 years or older when they signed the declaration, the effective date is when the declaration was filed 
with the Department of Child Support Services.)
Note: Effective January 1, 2020, the law regarding canceling (setting aside) voluntary declarations of parentage or paternity changed. If 
the declaration was filed on or after that date, the people who signed the declaration may only request that it be canceled because of 
fraud, duress, or material mistake of fact. If you did not sign the declaration or if it was filed before January 1, 2020, there may be 
other reasons to request that the court cancel the declaration.
(b) 
(a)

FL-274 [Rev. January 1, 2020] INFORMATION SHEET FOR COMPLETING NOTICE OF MOTION TO 
CANCEL (SET ASIDE) JUDGMENT OF PARENTAGE
Page 2 of 2
FL-274
The parentage judgment was not issued in California. 
The parentage judgment is based on genetic testing that was done before the judgment and that indicated the previously 
established parent is the genetic parent of the child.  
The judgment is based on an adoption. 
The child was conceived by artificial insemination and the judgment is based on Family Code section 7613.  
The child was conceived under a surrogacy agreement.
A copy of the completed motion and a blank Response to Notice of Motion to Cancel (Set Aside) Judgment of Parentage (form FL-276
) 
must be served on the following, if applicable:
Any previously established parent, mother, or father;  
Any presumed or intended parent or any person alleging to be a genetic parent;  
The child's guardian ad litem, if any; and  
The local child support agency (LCSA) if it is providing services. 
GENETIC TESTING
In most cases, genetic testing will be required. If the LCSA is providing services, the LCSA will pay for and coordinate the genetic 
testing. 
If you receive an administrative order for genetic testing from the LCSA, you may file a motion with the court seeking relief from the 
LCSA genetic testing order. However, the court may order your participation in genetic testing. 
If any person refuses to submit to genetic testing after receipt of the LCSA order for genetic testing, or fails to seek relief from the court 
before the scheduled test date or within 10 days after the scheduled test date, the court may resolve the question of parentage against 
that person or enforce the LCSA order if the rights of others or the interest of justice so require. 
The moving party is not required to present evidence of genetic testing indicating that the previously established parent is not the 
genetic parent of the child in order to bring this motion.
ADDITIONAL INFORMATION
An adult child may be included when completing forms FL-272 and FL-273. 
A guardian ad litem may be appointed by the court to represent the best interest of the child. 
If the previously established parent is found not to be the genetic parent of the child, the court may still deny this motion if it 
determines it is in the best interest of the child to do so. 
If the court grants this motion to set aside the parentage judgment, the previously established parent has no right to reimbursement of 
any child support paid before the motion was granted. 
To obtain information about or a copy of a voluntary declaration of parentage or paternity in your case, contact:  
     California Department of Child Support Services–POP Unit, at: 
P.O. Box 419070-MS 241 
Rancho Cordova, CA 95741-9070  
Telephone (toll-free): 866-249-0773 
     Your local child support agency (LCSA)  
     A 
family law facilitator
If you need additional assistance with these forms, contact an attorney or the family law facilitator in your county.
There is another California judgment of parentage in a different case for the same previously established parent and child, 
unless both parentage judgments qualify for this motion and you filed a motion in each case. 
There is a voluntary declaration of parentage or paternity and there is no basis to cancel (set aside) the voluntary declaration.

Retrieval chunks

• #1

  Form ID: FL-274 Title: Information Sheet for Completing Notice of Motion to Cancel (Set Aside) Judgment of Parentage Effective Date: 2020-01-01 Mandatory Form: no Languages: español Info Page: https://selfhelp.courts.ca.gov/jcc-form/FL-274 Primary Download URL: https://www.courts.ca.gov/documents/fl274.pdf Alte…

• #2

  YOU MUST CONTINUE PAYING SUPPORT WHILE THIS ACTION IS PENDING. FL-274 INFORMATION SHEET FOR COMPLETING NOTICE OF MOTION TO CANCEL (SET ASIDE) JUDGMENT OF PARENTAGE (FORMS FL-272 AND FL-273) The following persons may bring this motion: (1) a previously established parent, mother, or father; (2) a genetic mother; (3…

• #3

  Note: Effective January 1, 2020, the law regarding canceling (setting aside) voluntary declarations of parentage or paternity changed. If the declaration was filed on or after that date, the people who signed the declaration may only request that it be canceled because of fraud, duress, or material mistake of fact. …

• #4

  An adult child may be included when completing forms FL-272 and FL-273. A guardian ad litem may be appointed by the court to represent the best interest of the child. If the previously established parent is found not to be the genetic parent of the child, the court may still deny this motion if it determines it is …