Minor error on final stepparent adoption paperwork

[Mandy2]

Reside in CA.

I officially adopted my stepdaughter in early Sept. It went through beautifully with no fuss or muss. When we got home, I read over the final adoption decree. There is one line that is incorrect. It simply states the facts of the case, such as who my husband, sd, and myself are and where we reside. Now, the reside part was the incorrect statement because instead of saying "the minor child resides with the natural father and petitioner (me)", it states "the minor child resides with the natural mother". This is obviously a mistake, she lives with us, not her bio-mother.

Does this make for a trip to the courthouse now to correct this, or can I just go ahead and ignore this mistake and still have a solid, final adoption? Can bio-mom find this mistake and cause trouble with it? I cannot get ahold of my caseworker in charge of my case, and I need to send off a copy of the final judgement to the natural mother so she can stop paying us child support.

Thanks in advance for any legal advice.

 

[I AM ALWAYS LIABLE]

My response:

Absolutely ! You definately need those facts and the order changed !

You'll need to file the following pleading, pay $23.00 for the motion filing fee, and send it (with proof of service) to all concerned parties and agencies. File the original with the court, and have one copy "conformed". Make copies of the conformed copy, and mail those copies to all concerned.

Call the court clerk for a date, time and department for the hearing on the motion.


Notice of motion for order to correct clerical error [CCP §473CCP §473(d)]



_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________


SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
_________[Name], Case No. _________
Plaintiff, NOTICE OF MOTION FOR
ORDER TO CORRECT CLERICAL
vs. ERROR IN JUDGMENT AND
_________[Name], TO AMEND JUDGMENT
Defendant. NUNC PRO TUNC
_________[POINTS AND]
AUTHORITIES;
DECLARATION]


____________________________________________________________
To _________ [plaintiff or defendant], _________[name], and to _________ [his or her or its] attorney of record:
NOTICE IS GIVEN that on _________[date], at _________[time], or as soon thereafter as the matter can be heard in _________[specify department or division] of this court, located at _________[address], _________[specify moving party] will move the court for an order amending nunc pro tunc the judgment rendered in this action and entered on _________[date], as follows:
[Set out each proposed amendment separately, with the grounds therefor, for example:]
1. That portion of the judgment beginning with the words “_________”" on page _________, line _________, and continuing through the words “_________” on page _________, line _________, that reads: _________[set out portion of judgment to be amended] be amended to read: _________[set out text as desired]. This amendment is requested on the grounds that _________[specify grounds, for example, due to clerical error, the judgment as signed does not express the actual judicial intention of the court, but is contrary to that decision]
The motion will be based on this notice of motion, the _________ [declaration or affidavit] of _________[name], the memorandum of points and authorities served with this notice of motion, the papers and records on file in this action, and the evidence to be presented at the hearing of the motion.

Dated _________.
_______________________
[Signature]
Attorney for _________ [Plaintiff or Defendant]


The following is your "Points and Authorities" - -

The court has both inherent and statutory power to correct clerical errors in a judgment so as to conform it to the judgment directed by the court. [See CCP §473(d)] This power may be exercised after judgment, pending appeal, or even after affirmance of the judgment on appeal, regardless of lapse of time, to correct clerical errors made by the court, the clerk, or counsel.

Then, write up your declaration concerning the previous hearing, and your factual intent of that hearing, including your current reasons why the present order should be changed. Make sure there are no emotional phrases - - stick to the facts !

Sign the declaration under penalty of perjury. If you need a format for a Declaration, let me know.

Good luck.

IAAL

 

[Mandy2]

Thanks, IAAL. I appreciate your prompt information! I will do this ASAP. A declaration would be great if you have the information. Thanks again!

 

[I AM ALWAYS LIABLE]

_________[Name, office address, telephone number, and
state bar number of attorney]
Attorney for _________


SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF _________
In the Matter of the
Adoption Petition of No. _________
_________, DECLARATION IN SUPPORT OF MOTION FOR ORDER TO CORRECT CLERICAL ERROR IN JUDGMENT AND TO AMEND JUDGMENT NUNC PRO TUNC

_________[Name],
Defendant.
ADOPTION
and
_________,
Adoptive Parents


____________________________________________________________
I, _________[name of declarant], declares:
1. I am the _________[identity of party or attorney for the _________ (identity of party)] in the above-entitled action;

2. This declaration is in support of the motion of _________[name] for an order amending and / or correcting the decree of adoption entered in the above-entitled proceeding on _________[date].

3. _________[State facts in support of the motion]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Dated _________.
_______________________
[Signature of declarant]


The use of declarations made under penalty of perjury in lieu of affidavits is authorized by CCP §2015.5.
Form and contents: A declaration made under penalty of perjury must follow substantially the form set out in CCP §2015.5. Unless cases and statutes provide otherwise, declarations should be based on facts within the personal knowledge of the declarant, and not on information and belief. [See Ev C §702; and People v Oppel (1990, 2nd Dist) 222 Cal App 3d 1146, 272 Cal Rptr 340] With a few exceptions, declarations containing hearsay [Star Motor Imports, Inc. v Superior Court of Santa Clara County (1979, 1st Dist) 88 Cal App 3d 201, 151 Cal Rptr 721], ultimate facts, conclusions, or opinions [Tri-State Mfg. Co. v Superior Court of Los Angeles County (1964, 2nd Dist) 224 Cal App 2d 442, 36 Cal Rptr 750] are inadmissible.

 

[ebaying]

legal documents

Hi, I posted a message on the board after u did and then started reading the other messages. Could u please read my message. I am in need of step-parent adoption papers. Thank you!