[¶ 1] Sсott G. Proveneher appeals from an order entered in the District Court (Lewiston, Cote, J.) denying his motion for relief from a divorce judgment pursuant to M.R. Civ. P. 60(b). Scott contends that the denial of the motion for relief constitutes an abuse of the court’s discretion, and that the court improрerly applied the best interest of the child standard in denying his motion. We affirm the District Court’s judgment.
I. BACKGROUND
[¶ 2] Scott G. Proveneher and Jennifer A. Proveneher were divorced in July of 2005. Neither party was represented by counsel during the divorce proceedings. The final divorce judgment awarded thе parties shared parental rights and responsibilities and shared residential custody of their minor children, one of whom was born in 1993 and the othеr in 1996. The divorce judgment stated that “[t]he parties agree that Jennifer Proveneher is the biological mother and that Scott Proveneher is the biological father of said child(ren).” The incorporated child support order required no child support payments because the parties shared equal residential custody.
M.R. Civ. P. 60(b) provides, in relevant part:
On motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment ... for the following reasons: ... (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time.
[¶ 3] Subsequently, Scott decided he wanted to change the nature of his relationship with the oldest child who, аs Scott had always been aware, was not in fact his biological son. Scott determined that ending his relationship with the boy was best becаuse he and Jennifer had major differences of opinion regarding how to parent the boy, who suffers from ADHD and has behavioral problеms, which caused conflict and stress for Scott and Jennifer. In June 2006, Scott moved for relief from the divorce judgment, pursuant to M.R. Civ. P. 60(b)(4), (5), and (6), arguing primarily that his acknowledgement of paternity of the boy was not sufficient to bind him legally and that the divorce judgment was, therefore, void. 1
[¶4] In March of 2007, the court denied Scott’s motion for relief from judgment, finding that the language in the divorce judgment regarding Scott’s paternity of the boy did not matter because “father” has a variety of meanings, and in this case, Scott was the boy’s father “in every way except genetically.” The cоurt found that Scott was the only father the boy had ever known, that Scott lived in the boy’s household for eleven years, and that, until recently, the bоy was unaware that Scott was not his biological father. The court concluded that it would not be in the child’s best interest to grant the motion,
[¶ 5] After a hearing in April of 2007, the Family Law Magistrate (Carlson, M.) ordered Scott to pay Jennifer, for the support of the boy, $69 per week for forty-nine weeks in retroactive child support and $70.89 per week in prospective child support. Scott then filed this appeal.
II. DISCUSSION
[¶ 6] Scott contends that the District Court аbused its discretion by denying his motion for relief from judgment. We generally review a denial of a motion for relief from judgment for abuse of discretion.
Wood v. Wood,
[¶ 7] A motion for relief from judgment pursuant to M.R. Civ. P. 60(b)(4) based on an assertion that the judgment is void, however, is not subject to the discretion of the trial court because a judgment is either valid or it is void.
Land Use Regulation Comm’n v. Tuck,
[¶ 8] In his argument based on Rule 60(b)(5), Scott relies on the language “it is no longer equitable that the judgment should have prospective application.” This languagе suggests that there has been a change since entry of the divorce judgment. The only change after entry of the judgment in this case, howevеr, was Scott’s attitude toward the boy. Scott always knew that he was not the boy’s biological father, but acted as his father from the child’s infancy. The change in Scott’s relationship with the boy since entry of the divorce judgment does not make it inequitable for the parent-child provisions in the divorce judgment to remain in effect, given Scott’s historic role as the child’s father.
[¶ 9] In consideration of the grant of relief pursuаnt to the catch-all provision of Rule 60(b)(6), the court is required to “presuppose[ ] that a party has performed his duty to take legal steps to protect his own interests in the original litigation.”
Reville v. Reville,
[¶ 11] We have recognized that the best interest of the child standard is equitable in nature and is part of the court’s jurisdiction to act as
parens patriae
to protect the interests of children.
See C.E.W v. D.E.W.,
The entry is:
Judgment affirmed.
Notes
. In his motion, Sсott cites to M.R. Civ. P. 60(b)(2), but the gravamen of his motion is based on Rule 60(b)(4), (5), and (6).
. Scott's 60(b)(4) argument was based on the Uniform Act on Paternity, which would not apply tо his admission of paternity during the divorce proceeding because Scott was not subject to a paternity action under the Act. See 19-A M.R.S. §§ 1551-1570 (2007).