Changing Father After Acknowledgment of Paternity Was Signed

Cassy · #1 04-11-2009, 03:28 PM

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

My boyfriend and I knew that there was a possibility that the baby might not be his, but he signed the Acknowledgment of Paternity anyway. We did a Paternity test after the fact and discovered that he actually ISN'T the father. Is there a way to have the REAL father put on the birth certificate and take legal responsibility of the child?

Mr. Knowitall · #2 04-11-2009, 03:34 PM

You've waited how long, now? Your boyfriend wants to be removed as father? What's the biological father's wish - does he even know what's going on?

Cassy · #3 04-11-2009, 05:27 PM

It's only been 2 weeks. The paternity test was done right after he was born. My boyfriend wants to get taken off the certificate. It's not that he doesn't love the baby, he just wants to be protected if we ever broke up.

The real dad doesn't know. I know his first and Last name and have been trying to find him for the last few days, but I'm not getting too far. But I AM trying to find him and I do want to give him a chance to be in his sons life, even though my boyfriend and I are staying together.

distressedmom · #4 04-11-2009, 06:11 PM

In many states there is a 60 day period to rescind a signed Acknowledgement of Paternity. If you are still in that period, then the other person has to sign a recission document. If its past that time then I believe it has to be changed through the courts.

Cassy · #5 04-11-2009, 06:22 PM

Thank you! It's well within the 60 days. I have been trying to figure out who to contact to start the process. So far I have been told to talk to the town office where he was born. Is this correct?

Also, I am having a really hard time finding the real father. I know who he is and everything, but it's like he just disappeared. None of his old email addresses seem to work (I get a thing stating that the EMail could not be delivered) and he isn't in the phone book....I can't find him on myspace....Is there someone I can talk to to help find him?

Mr. Knowitall · #6 04-11-2009, 07:42 PM

A process server will probably be able to track him down, through school, work, a last known address....

Cassy · #7 04-12-2009, 04:46 PM

That would be very helpful. I've been stressing out about finding this guy.

distressedmom · #8 04-13-2009, 05:26 PM

Here is the website link to the Child Support Services in NY.

www. https://newyorkchildsupport.com/chil...paternityEstab

They will have to tell you what forms need to be completed. You can also request services to help find the bio-dad, establish paternity and get a child support order established. Good luck.