Velasco v. Ruiz

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A Mother filed a paternity petition seeking a determination of parentage, custody, visitation and child support. Attempts to serve alleged father were fraught with procedural errors. The trial court authorized service by publication; however, mother's publication notice did not comply with the timing requirements outlined in 12 O.S.Supp. 2017 section 2004(C)(3)(c). Finally, after attempting service by publication, mother's counsel filed a motion seeking a default but failed to serve the motion on father's attorney. After the trial court issued a default paternity ruling, father sought to vacate the judgment. Cumulative problems with service of process and notice warranted vacating the judgment but the trial court refused to set it aside. Father filed the underlying appeal. Considering the multitude of legal errors, weighing public policy and other equitable factors, the Oklahoma Supreme Court found the trial court erred in denying Father's timely Motion to Vacate Default Judgment. The order was vacated and the matter remanded back to the trial court for further proceedings. View "Velasco v. Ruiz" on Justia Law