Page 1 of 2 12 LastLast
Results 1 to 10 of 11
  1. #1

    Default How to Vacate an Acknowledgment of Paternity in Tennessee

    My question involves paternity law for the State of: Tennessee

    My wife and I were married in January of 2009. In February 2009 I signed an acknowledgment of paternity for her daughter, even thought I am not the bio father. We separated in June of 2010 after she cheated and I need to know how to vacate the AOP that I signed in good faith that our marriage would work.

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    27,189

    Default Re: Vacate a Aop in Tennessee

    were you aware you were not the father when you signed the AOP? Are you positive you aren't the bio father?

    btw: by signing the AOP, you are claiming you are not the stepdad but the actual dad.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,966

    Default Re: Vacate a Aop in Tennessee

    So..you knowingly and willingly signed the AOP and now want to rescind?

    Very well.

    TN does allow you to do that in some circumstances. Your best bet is to speak with a local attorney. It is possible however that the court will not think this is in the child's best interest.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  4. #4

    Default Re: Vacate a Aop in Tennessee

    yes i knew, i was in iraq when she was conceived and born. The mother is not letting me see or even talk on the phone with her and i have a voicemail telling me to get my name off her daughter's birth certificate.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,966

    Default Re: Vacate a Aop in Tennessee

    You do have other alternatives.

    Such as, petitioning for some sort of custody, and visitation.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Jan 2006
    Posts
    27,189

    Default Re: Vacate a Aop in Tennessee

    well, here is what the law says about this:

    (a) A voluntary acknowledgment of paternity which is completed under the provisions of 68-3-203(g), 68-3-302, or 68-3-305(b) or under similar provisions of another state or government shall constitute a legal finding of paternity on the individual named as the father of the child in the acknowledgment, subject to rescission as provided in subsection (c). The acknowledgment, unless rescinded pursuant to subsection (c), shall be conclusive of that father's paternity without further order of the court.

    (c) A signatory to a voluntary acknowledgment shall be permitted to rescind the voluntary acknowledgment at the earlier of:

    (1) The completion and submission of a sworn statement refuting the named father on a form provided by the state registrar. This form must be filed in the office of vital records of the department of health, together with the fee required by the registrar within sixty (60) days of the date of completion of the acknowledgment; or

    (2) Within the sixty-day period following completion of the acknowledgment, at any judicial or administrative proceeding during that period at which the signatory is a party and which proceeding relates to the child, by completion of the form described in subdivision (c)(1) or by the entry of an order by the administrative or judicial tribunal which directs the rescission of such acknowledgment.

    The registrar may impose a fee for the filing of the rescission of voluntary acknowledgment in subdivision (c)(1) and the registrar shall send a copy of the rescinded acknowledgment to the other signatory of the original acknowledgment. If an individual seeking to rescind an acknowledgment completes an affidavit of indigency which accompanies the rescission form, the fee shall be waived. Any fee for filing a rescission of a voluntary acknowledgment based upon fraud shall be assessed by the court against the person found to be the perpetrator of the fraud.
    (e) (1) If the voluntary acknowledgment has not been rescinded pursuant to subsection (c), the acknowledgment may only be challenged on the basis of fraud, whether extrinsic or intrinsic, duress, or material mistake of fact.
    based on your facts, it would appear (as Maury would say), frustratedstepdad, you are the father. Sounds like you need to file for custody and/or visitation if you want to see your child.

    I suspect your only out is if the natural father would challenge the AOP.

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,966

    Default Re: Vacate a Aop in Tennessee

    TN would allow OP to challenge the AOP for 5 years....


    read here


    Quick excerpt:

    (e) (1) If the voluntary acknowledgment has not been rescinded pursuant to subsection (c), the acknowledgment may only be challenged on the basis of fraud, whether extrinsic or intrinsic, duress, or material mistake of fact.
    (2) The challenger must institute the proceeding upon notice to the other signatory and other necessary parties including the Title IV-D agency within five (5) years of the execution of the acknowledgment, and if the court finds based upon the evidence presented at the hearing that there is substantial likelihood that fraud, duress, or a material mistake of fact existed in the execution of the acknowledgment of paternity, then, and only then, the court shall order parentage tests.
    Case law shows that OP has standing to challenge, along with Mom and <insert potential father here>.

    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  8. #8
    Join Date
    Jan 2006
    Posts
    27,189

    Default Re: Vacate a Aop in Tennessee

    Dogmatique;505262]TN would allow OP to challenge the AOP for 5 years....


    read here
    based on the law, which you quoted the same law I did, the only right would be based on intrinsic fraud. Do you have case law where intrinsic fraud was allowed as sufficient to allow the perpetrators (both mother and OP) to dispute the AOP after the 60 day period?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,966

    Default Re: Vacate a Aop in Tennessee

    Material mistake of fact would also be a reason.

    That's what I'm guessing OP would try for...not that I can read minds, mind you.

    Frankly the entire situation leaves a nasty taste in my mouth but that's not relevant. <ick>
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10
    Join Date
    Jan 2006
    Posts
    27,189

    Default Re: Vacate a Aop in Tennessee

    what material mistake of fact? OP admits to knowing he was not the father, with certainty. OP willingly signed the AOP knowing he wasn't the father simply because of his relationship (marriage) to the mother. He figured he would simply slide into the true fathers place and all would be well. Well, it isn't as OP is not getting divorced and is having regrets for signing the AOP.
    how to vacate the AOP that I signed in good faith that our marriage would work.

    1. Sponsored Links
       

Page 1 of 2 12 LastLast

Similar Threads

  1. How to Revoke an Acknowledgment of Paternity
    By acs1987 in forum Paternity Law
    Replies: 3
    Last Post: 08-20-2010, 08:53 PM
  2. Revoking Acknowledgment of Paternity
    By kaykay81 in forum Paternity Law
    Replies: 4
    Last Post: 03-02-2009, 10:26 PM
  3. Acknowledgment Of Paternity?
    By Lkin4truth in forum Paternity Law
    Replies: 2
    Last Post: 02-27-2008, 08:31 PM
  4. Paternity Acknowledgment
    By aamorgan in forum Paternity Law
    Replies: 1
    Last Post: 12-21-2007, 07:18 AM
  5. Acknowledgment of Paternity
    By this_willie in forum Paternity Law
    Replies: 5
    Last Post: 05-17-2006, 12:33 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Paternity Forms
Forms and documents to establish paternity in all 50 states.




Untitled Document