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Motion To Set Aside Affidavit Or Acknowledgment Of Parentage Package FD-FOC 4021 - Michigan
| Motion To Set Aside Affidavit Or Acknowledgment Of Parentage Package Form. This is a Michigan form and can be used in Friend Of The Court Circuit Court Wayne Local County . |
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FD/FOC4021 A MOTION TO SET ASIDE AFFIDAVIT / ACKNOWLEDGMENT OF PARENTAGE (DS / FAMILY SUPPORT CASE) You must file this motion and pay the $20.00 fee in Room 928 Coleman A. Young Municipal Center Motions to set aside of Acknowledgment of Parentage or Affidavit of Parentage and terminating support must be heard before the Presiding Judge, not the Judge assigned to the case. The Presiding Judge is Richard M. Skutt Courtroom 1019 Coleman A. Young Municipal Building (formerly known as City County Building). Two Woodward Ave, Detroit MI 48226. ยท THIS PACKET CONTAINS THE FOLLOWING: o o COVER SHEET (FD/FOC4021a) INSTRUCTIONS: HOW TO FILE A MOTION TO SET AFFIDAVIT OF PARENTAGE (FD/FOC4021b) MOTION-GENERIC (FD/FOC4025) CIRCUIT COURT PRAECIPE (FD/FOC4021) NOTICE OF HEARING-GENERIC (FD/FOC4019) CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) ORDER-GENERIC (FD/FOC4027) CERTIFICATE OF MAILING TRUE COPY OF ORDER (FD/FOC4026) o o o o o o Do Not Mail this Motion to the Friend of the Court FD/FOC4021a (11/29/06) MOTION TO SET ASIDE AFFIDAVIT COVER SHEET American LegalNet, Inc. www.FormsWorkflow.com HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE (DS / FAMILY SUPPORT CASE) FOR HEARING BEFORE THE JUDGE ASSIGNED TO YOUR CASE 1. 2. This packet contains instructions and blank forms for Circuit Court Praecipe, motion, notice of hearing, certificates of mailing, and order. By using this form packet you are representing yourself in a court action. In order to receive the action you are asking for, you must follow these instructions. You may be required to conduct legal research in order to proceed. Court personnel are prohibited from providing legal advice. If you fail to do even one of the required steps, your Motion may not be processed. All documents must be typed or written legibly using black ink, not pencil. Use these instructions only if you are a party to an existing Family Support case (DS) for support. This process cannot be used to start a new case. Use these instructions only if an Acknowledgment of Parentage or Affidavit of Parentage was signed, you now believe that a different man is the biological father and you want the Acknowledgment of Parentage or Affidavit of Parentage set aside and support terminated. If the other party is incarcerated, you have certain additional requirements that you must meet. Please consult MCR 2.004 or a private attorney. Indicate on your papers following the person's name that the person is incarcerated and in what facility he or she is being held. A motion is the document you prepare to ask the court to change the existing order. An existing order cannot be changed except by a new order. A separate motion packet must be prepared for each case. combined in the same documents. Separate cases cannot be 3. 4. 5. 6. 7. 8. 9. 10. 11. Motions to set aside Acknowledgment of Parentage or Affidavit of Parentage in family support cases (DS) must be heard before the Presiding Judge of the Family Division. Complete all the case information on all forms. Write your motion. Remember that a motion must very specifically state what relief or modification you are requesting. It must also very specifically state why you believe the judge should rule in your favor. All relevant and necessary documentation must be attached to the motion. Some types of relief or modification have certain very specific requirements. You may need to research the law or consult an attorney. Contact the clerk for the Presiding Judge, 1019 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226, to obtain a hearing date. Do not attempt to speak with the judge personally. Judges are prohibited from discussing your case with you outside of the presence of the other party. Prepare the Circuit Court Praecipe and the Notice of Hearing form. Be sure to fill in the date, time and location given to you by the Judge's courtroom. 12. 13. FD/FOC4021b (11/29/06) HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE... (Page 1) American LegalNet, Inc. www.FormsWorkflow.com 14. Bring the original and four copies of your Motion packet (Praecipe, Motion and Notice of Hearing) to the Wayne County Clerk, 928 Coleman A. Young Municipal Building (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. You will be required to print out case labels before submitting your Motion. A machine is set up for this purpose in the clerk's office. You must pay a $20 Motion fee, by cash or money order payable to the Wayne County Clerk, in room 928 Coleman A. Young Municipal Center, (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. The clerk will stamp your original Motion Praecipe to indicate the fee has been paid. The clerk will file the original Motion packet and return the copies to you. Take the Judge copy directly to the courtroom. If you do not, your motion will not be put on the hearing list. Mail (serve) a complete Motion packet (Praecipe, Motion and Notice of Hearing) to the other party. Make sure you include copies of any additional pages you have written in the copy packet you send to the other party. You must mail the Motion packet at least nine days before the hearing or your motion will not be heard. a. If you do not have the address of the other party, you may obtain the address at the Friend of the Court on the 2nd floor of the Penobscot Building, 645 Griswold, Detroit, Mi 48226. If the address is marked as confidential in the Friend of the Court records, then the Friend of the Court will mail the packet to the other party. You will need to leave a copy of the packet with the Friend of the Court if this occurs. 15. 16. 17. 18. 19. b. 20. Before the hearing date, complete the certificate of mailing and file it with the Wayne County Clerk, in room 201 Coleman A. Young Municipal Center, (formerly known as City County Building), Two Woodward Avenue, Detroit, MI 48226. Bring a copy of your packet and certificate of mailing with you to the hearing. Response from the other party: If you receive a response to your Motion from the other party, make sure you read it before you attend the hearing. Think about what you want to say on your behalf. You may want to make notes about what you will say in court. After the hearing: a. You are responsible for preparation of an Order. If the judge agrees, the attached form order may be completed after the hearing and presented for signature. Y
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