He's Not the Father!

Hello,

My husband took a dna test (swab test). It turns out that his alleged daugher is not his daughter. We all had a feeling that she was not his daughter. The mother of the child is aware that my husband took the test. Of course, she thought she would have gotten away with lying to everyone. Anyway, my husband's name was never on the birth cerificate (clue # 1 that he was not the father) but he did later sign a "paternity of acknowlegement" (that was her way of getting child support)....now my question is...how can he have his name removed?? The alleged daughter has my husband's last name. She was born in NY. Do you think it should be her mother's responsibility to have his last name removed being that she knew that my husband was not her father from the start or should my husband try to get it done?

Thanks!!!

His rights and remedies will vary by state.

I'm guessing he will probably have to go through the court for this....

If that's possible under the laws of your state, which you really should share.

The child was born in NY, she currently resides in NY with her mother.
My husband and I are in NC.

So this is a New York acknowledgement of paternity.

Quote:

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Quoting "New York Family Court Act § 516-a. Acknowledgment of paternity.

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(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) An acknowledgment of paternity executed pursuant to section on 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eleven-k of the social services law or section four thousand one hundred thirty-five-b of the public health law may be rescinded by either signator's filing of a petition with the court to vacate the acknowledgment within the earlier of sixty days of the date of signing the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. 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. After the expiration of sixty days of the execution of the acknowledgment, either signator may challenge the acknowledgment of paternity in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof on the party challenging the voluntary acknowledgment. Upon receiving a party's challenge to an acknowledgment, the court shall order genetic marker tests or DNA tests for the determination of the child's paternity and shall make a finding of paternity, if appropriate, in accordance with this article. 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 a party petitions to rescind an acknowledgment and if the court determines that the alleged father is not the father of the child, or if the court finds that an acknowledgment is invalid because it was executed on the basis of fraud, duress, or material mistake of fact, the court shall vacate the acknowledgment of paternity and 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.

(c) A determination of paternity made by any other state, whether established through the parents' acknowledgment of paternity or through an administrative or judicial process, must be accorded full faith and credit, if and only if such acknowledgment meets the requirements set forth in section 452(a)(7) of the social security act.

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so basically that means....my husband has to file a petition in NY state to vacate the acknowledgement of paternity. He also has to request a paternity test through the court??

Yes, he has to go through the courts in the state where the acknowledgement was executed. And yes, paternity testing would be required; but why would that be a problem?

I didn't say that paternity testing would be a problem.
Why would it be, if it is already established.
The problem is going through this whole process. I think the child's mother should be held responsible especially for court costs, travel, etc....

what is she up to????

Now the child's mother said that she is sending some paperwork to my husband to sign. She says that it is basically acknowledging that he is not the father. Doesn't this have to go through the court? Of course, my husband is not gonna sign something without thoroughly reading it. Something just doesn't sound right about it. If this is the case where he can sign it and have his name removed, then that would be great.