If one is signed and the 60 days to change your mind are over can you get a dna test still? Or are you the father? This is in Oklahoma
2007-06-01 02:24:49 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
You can still get a DNA test and overcome the acknowledgment of paternity if you had good cause to believe you were the father when you signed and later you discovered facts that would lead a reasonable person to question the paternity. What I'm trying to say, not very well perhaps, is that you cannot overturn an acknowledgment of paternity without good cause. However, if you discover after you signed it that the mother may have had a sexual relationship with someone else during the conception period, it is fraud in the inducement and can be overturned. It comes down to what he knew when he signed the acknowledgment and what he learned that caused him to doubt the paternity after he signed. The Oklahoma courts have looked at this issue twice since 2004. If this is an issue for you and you have an attorney, tell your attorney to read Young v. Department of Human Services and Department of Human Service v. Chisum. It isn't easy to do and there must be good cause, but it can be done. The burden of proof is on the father.
2007-06-01 02:38:33 · answer #1 · answered by David M 7 · 1⤊ 1⤋
I'm from Ohio and went through a similar situation. Paternity can always be established, it may come out of your pocket, but you can take a DNA test. If someone else acknowledges paternity and their name is inserted on the birth certificate, you'll have to establish paternity (DNA test), hire an attorney and petition the court for a new birth certificate. If someone even if it is 60 or more days after the fact wants to deny paternity after the have admitted it, let them, let them get the proof they need to step up and be the father they knew they should have been from the start. If it turns out that that person isn't the father then at least you all know and the sooner the better. It will give you the chance to find out who your child's real father is and spare the other guy the pain of raising a child he thought was his but wasn't. For the benefit of the child, get all this paternity stuff out of the way while he or she is too young to realize what's going on. The sooner you know who the real father is, the sooner that person can hopefully take an active role in raising that child and build a realtionship with that child. Good luck!
2007-06-01 09:59:22 · answer #2 · answered by flow_mj 3 · 0⤊ 0⤋
I'm basing my answer on Texas law, but an acknowlegement can always be challenged. You'll have to file a suite to determine paternity, but if you are the current adjudicated father, the good news is you can get your own child to submit to a paternity test without a court order. You are still going to have to suck it up and find a lawyer, if you have not done so already, but you can definitely get off the hook if this is someone else's kid. Just be ready to pay up if the DNA points to you.
2007-06-01 09:35:07 · answer #3 · answered by Eric 3 · 1⤊ 1⤋
Once signed you are considered the father if you did not refute it after the 60 day open period. After that you must go to court to have your name taken off. Taking a DNA test is a good idea for the court system to have you taken off if you want too be and you are NOT the father of the baby. If you ARE the father of the baby you can be taken off the rights of parentage but you will still have to pay child support. The DNA test will be pricey and come out of your pocket as will the court costs to get yourself off the Rights of Parentage. I have just gone through this with my boyfriend in Minnesota. He doesnt want to be taken off, but we had a problem getting him on since he didnt check a check box, he moved back to India, and we had to have him re-sign it. Thats what we were told when we were trying to get this all in order.
2007-06-01 09:31:28 · answer #4 · answered by I luv Pets 7 · 1⤊ 1⤋
If you've signed acknowledgement of paternity, you pretty much admited to being the father.
2007-06-01 09:30:37 · answer #5 · answered by whymewhynow 5 · 2⤊ 1⤋
Attorneys can always figure out a way of any contract.
How much cost, pain and agony do you want to go through? You could drag this out until the child is out of the womb and high school?
This child would really feel wanted. Adoption is a better route.
2007-06-01 09:34:41 · answer #6 · answered by nanny 6 · 1⤊ 2⤋