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Experience:  Attorney & Certified Mediator
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How can I get a default judgement vacated on a child custody/support motion

Resolved Question:

In the San Bern County Courts, our son was served by his child's mother and filled out and filed the response with the court, it was returned for additional info and signatures, then he was told by the child's mother that she was dropping the matter, then she filed a default. My son has not received anything official from the court and we were told that we could get the default judgement vacated or set aside. I need to know which forms to file to accomplish that so that we can proceed with the response and make our appearance in court. Thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
He would need to file a Notice of Motion to set aside child support and then a separate Notice of Motion to set aside the child custody orders since you are stating there was a child custody and support hearing.

Notice of motion forms as follows:

http://www.courtinfo.ca.gov/forms/documents/fl301.pdf

http://www.courtinfo.ca.gov/forms/documents/fl310.pdf

http://www.courtinfo.ca.gov/forms/documents/fl320.pdf


He should contact the family facilitator's office in San Bernandino to help him out with the forms. They provide free services to those who are representing themselves. He should also contact them to see if there are any other local forms that need to be included that are not part of the general California court website.

Offices are below:

San Bernardino locations:
1. 351 N. Arrowhead Avenue, San Bernardino, CA 92415
Phone:(NNN) NNN-NNNNFax:(NNN) NNN-NNNNbr />2.XXXXX Victorville, CA 92392
Phone:(NNN) NNN-NNNNFax:(NNN) NNN-NNNNbr />3. 8303 North Haven Avenue, Basement Level, Rancho
Cucamonga, CA 91730
Phone:(NNN) NNN-NNNNFax:(NNN) NNN-NNNNbr />4. 6527 White Feather Road, Joshua Tree, CA 92252
Phone:(NNN) NNN-NNNNbr />5. 655 W. 2nd Street, San Bernardino, CA 92410
Phone:(NNN) NNN-NNNNFax:(NNN) NNN-NNNNbr />

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Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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