Legal Question in Family Law in California

What happens if there was an entry of judgement where the Mother was not served any summons or complaint regarding paternity in California.

The pair did scribe a Declaration of paternity, at birth. However, the Parental opportunity program decided it was -** Void Abinitio**- due to it not being properly filled out. Thus returned it but it was not received by the parents. Then later, when the birth record was created and everything was on paper except the POP's declaration which was only signed and not filed legally with the state, the DCSS filed a summons and complaint serving only the alleged Father, and not mother. No proof of service is on file. Then later after 4 months they got dad served, still not having served mom, they obtained a judgement ordering paternity to the respondent father and then added the mother to the issue.

18 months following, the mother found out of the case, and filed for a set aside asking for the court to also order DNA testing for both child and alleged dad. The mom did properly serve, and properly file proof of service on the alleged father and the DCSS.

When the hearing came up, the order for set aside was issue and the DNA testing also due to failure of DCSS (dept. of child support services) and the respondent (who at time of service was unrepresented), failed to appear.

Then 15 days following Mother obtained a letter from the court that the DNA testing and set aside orders issued, are now rescinded and a new hearing shall be held.

At that hearing the issues were re-heard, and alleged dad got temp. custody, (court claimed due to enrolling in school), the DNA test was revoked, and so was the set aside claiming child was too old to allow. Father failed to appear, but had an attorney appear for him, and the CA Dept. Child Supp. Services (DCSS) sent an attorney to argue. (Which as you know, generally doesn't happen.)

Question:

1. Does mother need be served by the Dept. of Child Support Services a summons and complaint prior to hearing to supply her with an opportunity to be heard?

2. Is it legal that they claimed that she received a letter by mail regarding the orders a few days prior to six months time following the hearing that they claim was mailed to a house in a city where she NEVER lived in the location and had not lived in that city in over 18 years, again and never lived at that address.

(Who ever did get the letter by mail failed to return it to sender.)

3. Should I file a motion to void proceeding due to lack of personal or proper service on me, MOM. On grounds that they failed to supply due process and etc. as cited here below?

(1) lack of proper service on Mother deprived Trial Court of personal jurisdiction and renders any judgment automatically void;

(2) Trial Court retains inherent power to vacate default judgment that is void for lack of due process;

(3) California Family Code Section 3691 does not preempt where Trial Court failed to acquire personal jurisdiction over litigant because of fraudulent service (whether intentional or unintentional);

(4) D.C.S.S. failed to properly inquire into underlying facts before pursuing its complaint against Mother;

(5) there is no evidence that Mother acquiesced in default judgment or treated it as enforceable;

(6) Trial Court�s finding regarding California Code of Civil Procedure Section 583.210 was erroneous because dismissal was mandatory due to improper service; and

(7) default judgment was void as violating the fundamental due process rights of Mother since he was never served with the Summons and Complaint.

and if so, what do i name the complaint under the case number? And is it going to fly?

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