Rule 25a-17. Motion To Open Judgment of Parentage by Acknowledgment

(a) Any signatory to an acknowledgement of parentage who wishes to challenge said acknowledgment pursuant to General Statutes § 46b-483 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 parentage 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 acknowledgment of parentage 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 parentage required by subsection (a) of this section. Upon presentation of the motion to open and the acknowledgment of parentage, 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, acknowledgment of parentage 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) If the judicial authority determines that the moving party has met the burden of proof, the acknowledgment of parentage shall be set aside only if the judicial authority determines that doing so is in the best interest of the child, based on the relevant factors set forth in General Statutes § 46b-475.

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

Committee Notes

(Amended June 14, 2024, to take effect Jan. 1, 2025.) amended June 14, 2024, to take effect Jan. 1, 2025.) (Sec.