§ 25A-17. Motion to Open Judgment of Paternity by Acknowledgement

§ 25A-17. Motion to Open Judgment of Paternity by Acknowledgement

 

(a)Any mother or acknowledged father who wishes to challenge an acknowledgement of paternity pursuant to General Statutes Section 46b-172(a)(2) shall file a motion to open judgment which shall state the statutory grounds upon which the motion is based and shall append a certified copy of the document containing the acknowledgment of paternity to such motion.

 

(b)Upon receipt of such motion to open and accompanying document, the clerk shall cause the matter to be docketed.

 

(c)Any action to challenge an acknowledgement of paternity for which there is no other family court file involving the same parties shall be commenced by an order to show cause accompanied by the motion to open judgment and the document containing the acknowledgment of paternity required by subsection (a) of this section. Upon presentation of the motion to open and the acknowledgment of paternity, the judicial authority shall cause an order to be issued requiring the adverse party or parties to appear on a day certain and show cause, if any there be, why the relief requested by the moving party should not be granted. The motion to open, acknowledgement of paternity and order shall be served on the adverse party not less than twelve days before the date of the hearing, which shall not be held more than thirty days from the filing of the challenge.

 

(d)Nothing in this section shall preclude an individual from filing a special defense of a challenge to a paternity judgment, or a counterclaim in response to a petition for support.