FD/FOC 4021 (5/16/18) 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 201 Coleman A. Young Municipal Center IF GENETIC TESTING IS GRANTED THE COST IS $340 There is NO fee waiver for this cost. Motions to set aside an Acknowledgment of Parentage or Affidavit of Parentage must be heard before the Presiding Judge, not the Judge assigned to the case. The Presiding Judge is Kathleen M. McCarthy, Courtroom 1813 Coleman A. Young Municipal Building (CAYMC), 2 Woodward Ave., Detroit MI 48226. Hearings on this docket are held in Courtroom 11-A at the Penobscot Building located at 645 Griswold Ave., Detroit, MI 48226. THIS PACKET CONTAINS THE FOLLOWING: o COVER SHEET (FD/FOC4021) o INSTRUCTIONS: HOW TO FILE A MOTION TO SET ASIDE AN AFFIDAVIT OF PARENTAGE (FD/FOC4021) o MOTION/AFFIDAVIT SET ASIDE ACKNOWLEDGMENT OF PATERNITY (FD/FOC4021) o CIRCUIT COURT PRAECIPE (FD/FOC4145) o CERTIFICATE OF MAILING MOTION AND NOTICE OF HEARING (FD/FOC4020) Do Not Mail this Motion to the Friend of the Court American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4021 (5/16/18) HOW TO FILE A MOTION TO SET ASIDE AFFIDAVIT OF PARENTAGE (DS / FAMILY SUPPORT CASE), TO BE SET FOR HEARING BEFORE THE PRESIDING JUDGE 1. This packet has instructions and blank forms for Circuit Court Praecipe, Motion, and Certificate of Mailing. 2. By using this form packet you are representing yourself in a court action. In order to get the relief you are asking for, you must follow these instructions. Court staff cannot give legal advice. If you fail to do even one of these steps, your Motion may not move forward. 3. All documents must be typed or written neatly using ink. 4. Use these instructions only if you already have a Family Support case (DS) for support. This process cannot be used to start a new case. 5. 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 stopped. 6. If the other party is in jail/prison, please read MCR 2.004 or seek the advice of an attorney. Write on your papers next to the person222s name that the person is in jail/prison, where he or she is being held, and their prison identification number if you have it. 7. A motion is the papers you fill out to ask the court to change the current Order. A current order cannot be changed except by a new Order. 8. If you have more than one case, a separate motion packet must be done for each case. Separate cases cannot be combined in the same documents. 9. 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. 10. Complete the Circuit Court Praecipe by filling it out completely including talking about the motion with the other side to see if you both agree. Leave the date of the hearing blank as the Presiding Judge222s courtroom will choose the court date. 11. Remember that a motion must specifically state what you are asking for. All papers and evidence that helps your case must be attached to the motion. Some types of relief or requests have very specific requirements. You may need to research the law or consult an attorney. 12. THIS MOTION REQUIRES AN AFFIDAVIT THAT IS NOTARIZED. 13. Bring the original and FOUR copies of your Motion packet (Praecipe, Motion and Notice of Hearing) to the Wayne County Clerk, 201 Coleman A. Young Municipal Building (CAYMC), Two Woodward Avenue, Detroit, MI 48226. 14. You will be required to print out case labels before submitting your Motion There is a label maker in the clerk222s office (Room 201 CAYMC). 15. You must pay a $20 Motion fee in room 201 Coleman A. Young Municipal Center (CAYMC), 2 Woodward Ave., Detroit, MI 48226. The County Clerk222s Office accepts cash, debit cards, MasterCard, American Express, and Discover credit cards; and, money orders made payable to the Wayne County Clerk. 16. The clerk will stamp your original Motion Praecipe to show the fee has been paid. The clerk will file the original Motion packet and give the copies to you. American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4021 (5/16/18) 17. Take the Judge copy directly to courtroom 1813 CAYMC. If you do not, your motion will not be set for hearing. 18. Mail (serve) a complete Motion packet (Praecipe and Motion) to the other party. Make sure you include copies of any extra pages you have written in the packet you send to the other party. You must mail the Motion packet at least nine (9) 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 get the address at the Friend of the Court on the 1st floor of the Penobscot Building, 645 Griswold, Detroit, MI 48226. b. If the address is marked 223confidential224 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. 19. You and the other party will receive a Notice of Nearing in the mail with your court date. 20. Bring a copy of your packet to the hearing. 21. Response from the other party: If you get a response to your Motion from the other party, make sure you read it before you come to the hearing. Think about what you want to say. You may want to make notes about what you will say in court. 22. If genetic testing is granted the cost is $340 (for one child, plus $100 for each extra child) no matter what the outcome of the test is. Bring a Money Order made out to DNA Diagnostic Center for $340. If all parties and child appear you may get a genetic test on the day of your motion hearing. There is NO fee waiver for this cost. American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4021 (5/16/18) STATE OF MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY MOTION/AFFIDAVIT SET ASIDE ACKNOWLEDGMENT OF PATERNITY CASE NO.: DS JUDGE COURT ADDRESS: 2 WOODWARD AVENUE, DETROIT, MI 48226 Plaintiff222s name, address, telephone no. and email: VS Defendant222s name, address, telephone no. and email: I/We hereby verify to the Court the following: 1. I am filing this motion about this child(ren): Child222s Name: Child222s Date of Birth: Child222s Name: Child222s Date of Birth: 2. I am: (check one) The mother The acknowledged father (i.e., man who signed Acknowledgment of Parentage) An alleged father (i.e., man who could have fathered the child) Neither applies to my situation. Explain. 3. One of the following MUST be true: (please check one) The child is less than three years old. The child222s date of birth is:. The Acknowledgment of Parentage was signed less than one year ago. The Acknowledgment of Parentage was signed on (put in date) . Neither applies to my situation. Explain. 4. I am filing this motion because: (check one 226 use extra sheets if you need them) I signed the Acknowledgment of Parentage because of a mistake. There is new evidence now that I did not know before I signed the acknowledgment. I signed the Acknowledgment of Parentage because of a lie. There has been misconduct by . I signed the acknowledgment because of a threat. Explain your answer 4. I/We agree to what this motion is asking for as shown by our signatures below. Signature of Moving Party Typed/printed name Date Signature of Other Party (if in agreement) Typed/printed name Date STATE OF MICHIGAN COUNTY OF WAYNE On this day of , , before me the above individual personally appeared and to me known to be the persons described herein and who executed the foregoing instrument and acknowledged that they executed the same as their free act and deed. /s/ Notary public, State of Michigan, County of . My commission expires . Acting in the County of . * THIS FORM MUST BE NOTARIZED * American LegalNet, Inc. www.FormsWorkFlow.com FD/FOC 4021 (5/16/18) STATE O F MICHIGAN THIRD JUDICIAL CIRCUIT WAYNE COUNTY REQUEST FO R HEARING O N A MOTION (PRAECIPE) ORDER/JUDGMENT CASE NO. DS 2 Woodward Avenue, Detroit, MI 482