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Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
JUDICIAL CIRCUIT - FAMILY DIVISION
COUNTY
Court address
Original - Court
1st copy - Plaintiff/Attorney
ORDER ON MOTION TO
SET ASIDE ORDER OF FILIATION
2nd copy - Defendant/Attorney
3rd copy - Friend of the court
4th copy - Alleged father (as needed)
CASE NO.
Court telephone no.
Plaintiff's name, address, and telephone no.
moving party
Defendant's name, address, and telephone no.
moving party
v
Plaintiff's attorney, bar no., address, and telephone no.
Defendant's attorney, bar no., address, and telephone no.
Alleged father's name, address, and telephone no.
moving party
Alleged father's attorney, bar no., address, and telephone no.
1. On
Date
2. Specific findings of fact are on the record.
THE COURT FINDS:
, a motion was filed requesting that a Michigan order of filation be set aside.
3. An order of filiation was entered in this case on
, determining
Date
Affiliated father's name
to be the father of the minor child
Child's name
born
Date of birth
.
4. The affiliated father
did
did not
participate in the court proceedings that resulted in the order of filiation.
5. The motion to set aside the order of filiation
was
was not
timely.
6. There
is
is not clear and convincing evidence that the affiliated father is not the father of the child.
7. The child was conceived as a result of acts for which the alleged father was convicted of criminal sexual conduct under MCL
750.520b to MCL 750.520e.
8. It is not in the child's best interests to set aside the order of filiation.
9. At a hearing on a petition to terminate parental rights to the child under MCL 712A.2(b), the court having jurisdiction over the
child found that it is in the best interests of the child to allow the request to set aside the order of filiation.
Note: Pursuant to MCL 722.717(5) of the Paternity Act, when an order of filiation is set aside, the clerk of the court that enters
the order must immediately communicate this fact to the director of the Department of Health and Human Services on a form
prescribed by the director of that department.
CC 438 (3/15) ORDER ON MOTION TO SET ASIDE ORDER OF FILIATION (PAGE 1)
MCL 722.1439, MCL 722.1443
Approved, SCAO
STATE OF MICHIGAN
JUDICIAL CIRCUIT
JUDICIAL CIRCUIT - FAMILY DIVISION
COUNTY
Court address
Original - Court
1st copy - Plaintiff/Attorney
ORDER ON MOTION TO
SET ASIDE ORDER OF FILIATION
(PAGE 2)
2nd copy - Defendant/Attorney
3rd copy - Alleged fathher (as needed)
4th copy - Friend of the court
CASE NO.
Court telephone no.
Plaintiff's name, address, and telephone no.
moving party
Defendant's name, address, and telephone no.
moving party
v
Alleged father's name, address, and telephone no.
moving party
IT IS ORDERED:
10. The motion to set aside the order of filiation is granted. Any child support arrears owed are preserved as of the date the
motion to set aside the order of filiation was filed.
The child support obligation of
Name
is terminated effective
Date
.
11. The motion to set aside the order of filiation is denied. The moving party shall pay the reasonable attorney fees and costs
to any other party as follows:
12. Other:
Date
Judge
Bar no.
CC 438 (3/15) ORDER ON MOTION TO SET ASIDE ORDER OF FILIATION (PAGE 2)
MCL 722.1439, MCL 722.1443
Order on Motion to Set Aside Order of Filiation
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Identified Data Fields:
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When possible, we've used names tied to our question library. See e.g., user1_name.
If we think we've found a match to a question in our library, it is highlighted in green. Novel names are auto generated. So, you will probably need to edit some of them if you're trying to stick to the convention.
Here are the fields we could identify.
plaintiff_moving_party__1 was plaintiff moving party (0.60 conf)plaintiff_name_address_tele__1 was plaintiff name address tele no (0.44 conf)plaintiff_name_address_tele__2 was plaintiff atty name address tele no (0.49 conf)def_moving_party was def moving party (0.38 conf)def_name_address_tele was def name address tele (0.34 conf)def_atty_name_address_tele was def atty name address tele (0.33 conf)third_party_name_address_tele was third party name address tele (0.35 conf)third_party_atty_name_address was third party atty name address tele (0.40 conf)date_motion_filed was date motion filed (0.39 conf)date_order_filiation was date order of filiation (0.33 conf)aff_father_name was aff father name (0.42 conf)childs_name was 3 childs name (0.35 conf)users1_birthdate was date of birth (1.00 conf)aff__1 was aff did (0.45 conf)aff__2 was aff did not (0.42 conf)third_party_moving__1 was third party moving party (0.40 conf)5_was_not was 5 was not (0.35 conf)6_is was 6 is (0.35 conf)6_is_not was 6 is not (0.39 conf)item__1 was item 7 (0.35 conf)item__2 was item 8 (0.35 conf)motion was motion was (0.41 conf)item__3 was item 9 (0.35 conf)plaintiffs_name was plaintiffs name (0.45 conf)defendant_moving was defendant moving 2 (0.43 conf)third_party_name was third party name (0.38 conf)third_party_moving__2 was third party moving 2 (0.41 conf)plaintiff_moving_party__2 was plaintiff moving party 2 (0.46 conf)child_support_terminated was child support terminated (0.53 conf)name_obligor was name of obligor (0.47 conf)item__4 was item 10 (0.35 conf)item__5 was item 11 (0.35 conf)defendants_name was defendants name (0.40 conf)item__6 was item 12 other (0.38 conf)date_judge_signed was date judge signed (0.37 conf)date_terminated was date terminated (0.42 conf)bar was bar no (0.41 conf)
We've done our best to group similar variables togther to avoid overwhelming the user.
Suggested Screen 0:
plaintiff_name_address_tele__1plaintiff_name_address_tele__2def_name_address_teledef_atty_name_address_telethird_party_name_address_telethird_party_atty_name_addresschilds_nameplaintiffs_namethird_party_namename_obligordefendants_name
Suggested Screen 1:
aff_father_nameaff__1aff__2
Suggested Screen 2:
plaintiff_moving_party__1def_moving_partythird_party_moving__15_was_not6_is6_is_notdefendant_movingthird_party_moving__2plaintiff_moving_party__2child_support_terminated
Suggested Screen 3:
Suggested Screen 4:
Suggested Screen 5:
date_motion_fileddate_judge_signeddate_terminated
Suggested Screen 6:
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