Q: Recently i submitted a petition of paternity. But once in the court i realized that the petition was the incorrect way. For a paternity motion to be granted it has to be at the begining of birth or so many days or months after. In my case i signed the birth certificate and am asking for one 13 yrs later. Now my motion to vacate paternity is not to vacate child payment. It for removal of my name as the childs father.. As i look at more cases similiar to mine. One word or sentence keeps coming up. And it’s the best intetest of the child. . In a case in Kentucky a father has to prove that he is not the father and once he does and the results are in and it read that he is not the father all child support payment stops and he is declared not the father. Only state the in country that allows this. So back to best interest of the child. I understand that certain situation can affect a child dearly. So the courts try their best to accomodate the well being of the child. So for example if i had spent a significant amount of time with the boy (13) yr old now,Then i can see how me removing myself can harm him psychologically. But the child doesnt know me. He knows who his father is.
A: David’s Answer: If your name is on the birth certificate because you signed an acknowledgement of paternity, then your understanding is correct – at the age of 13, it would be extremely difficult for you to vacate the acknowledgement at this point (and thus vacate paternity). You’d have the burden of proving fraud, duress or material mistake of fact – as well as overcoming a probable defense of equitable estoppel. Schedule a consult with a Westchester Child Support attorney for a full assessment.