[pinkikitti123]

My question involves paternity law for the State of: New York

My brother's ex-girl from 12yrs ago was pregnant and had a baby girl during their relationship. He did the right thing and signed the paternity papers because he thought that it was his child. He was raised the girl till she was 5yrs old, then mom takes the girl and moves out of state. He moves on with his life and starts another family with his now wife. 5yrs later, the mom finds him and dumps the girl on him and leaves. He goes to court and fights for custody of her and it is granted, being that mom has a drug issue and has to do rehab. At this point, his "daughter" is now 10 and he notices that she looks nothing like him. He went and got a paternity test and sure enough, she is not his kid. One year goes by and now the girl's uncle files for custody and my brother didn't contest it, so it was granted. My brother is now getting hit with child support from the uncle. He doesn't want anything to do with the girl financially, since he is not the biological father and wants his name removed from the birth certificate. Will he be responsible for child support on the girl? Can he remove his name from the birth certificate? What are the appropriate steps to follow in a case like this?

[Mr. Knowitall]

Given the number of opportunities he has had to dispute paternity, and the fact that he has twice been involved in custody litigation that went all the way to order, and has known of the paternity situation for about two years without acting, I would expect a court to find that he can no longer raise the issue of his paternity. If he wishes to try, he should get help from a lawyer.

[Mr. Knowitall]

Here's the statute:

(a) An acknowledgment of paternity executed pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of the public health law shall establish the paternity of and liability for the support of a child pursuant to this act. Such acknowledgment must be reduced to writing and filed pursuant to section four thousand one hundred thirty-five-b of the public health law with the registrar of the district in which the birth occurred and in which the birth certificate has been filed. No further judicial or administrative proceedings are required to ratify an unchallenged acknowledgment of paternity.

(b)

(i) An acknowledgment of paternity executed pursuant to section one hundred eleven-k of the social services law or section four thousand one hundred thirty-five-b of the public health law may be rescinded by either signator's filing of a petition with the court to vacate the acknowledgment within the earlier of sixty days of the date of signing the acknowledgment or the date of an administrative or a judicial proceeding (including a proceeding to establish a support order) relating to the child in which either signator is a party. If, at any time before or after a petition is filed, a signator dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding. For purposes of this section, the "date of an administrative or a judicial proceeding" shall be the date by which the respondent is required to answer the petition. The court shall order genetic marker tests or DNA tests for the determination of the child's paternity. No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. If the court determines, following the test, that the person who signed the acknowledgment is the father of the child, the court shall make a finding of paternity and enter an order of filiation. If the court determines that the person who signed the acknowledgment is not the father of the child, the acknowledgment shall be vacated.

(ii) After the expiration of sixty days of the execution of the acknowledgment, either signator may challenge the acknowledgment of paternity in court by alleging and proving fraud, duress, or material mistake of fact. If, at any time before or after a petition is filed, a signator dies or becomes mentally ill or cannot be found within the state, neither the proceeding nor the right to commence the proceeding shall abate but may be commenced or continued by any of the persons authorized by this article to commence a paternity proceeding. If the petitioner proves to the court that the acknowledgment of paternity was signed under fraud, duress, or due to a material mistake of fact, the court shall order genetic marker tests or DNA tests for the determination of the child's paternity. No such test shall be ordered, however, upon a written finding by the court that it is not in the best interests of the child on the basis of res judicata, equitable estoppel, or the presumption of legitimacy of a child born to a married woman. If the court determines, following the test, that the person who signed the acknowledgment is the father of the child, the court shall make a finding of paternity and enter an order of filiation. If the court determines that the person who signed the acknowledgment is not the father of the child, the acknowledgment shall be vacated.

(c) Neither signator's legal obligations, including the obligation for child support arising from the acknowledgment, may be suspended during the challenge to the acknowledgment except for good cause as the court may find. If the court vacates the acknowledgment of paternity, the court shall immediately provide a copy of the order to the registrar of the district in which the child's birth certificate is filed and also to the putative father registry operated by the department of social services pursuant to section three hundred seventy-two-c of the social services law. In addition, if the mother of the child who is the subject of the acknowledgment is in receipt of child support services pursuant to title six-A of article three of the social services law, the court shall immediately provide a copy of the order to the child support enforcement unit of the social services district that provides the mother with such services.

(d) A determination of paternity made by any other state, whether established through an administrative or judicial process or through an acknowledgment of paternity signed in accordance with that state's laws must be accorded full faith and credit, if and only if such acknowledgment meets the requirements set forth in section 652(a)(7) of title IV-D of the social security act.

[mmmagique]

He was daddy for ten years, and now wants to deny her because of blood?

That is very sad.

He was daddy for ten years, and now wants to deny her because of blood?

That is very sad.

Christina you were much kinder than I would have been which is why I choose not to reply to that appalling issue