My son's father relinquished rights and prior to that filed with me an Acknowledgment of Paternity with the state, however the documents that I got from court state that paternity has never been established (for the relinquishment), can I get these documents thrown out on those grounds? What would I have to do?
2007-06-04 13:03:21 · 3 answers · asked by djh77 2 in Politics & Government ➔ Law & Ethics
Actually fang is incorrect. A subsequent petition for paternity is NOT affected by the TPR action as one cannot give up another's rights at bar.
Now, as for the "document" you got from the court, was this an affidavit or a court order for termination? If the latter and you signed the original affidavit, then you committed (along with your attorney) fraud upon the court.
It may or may not be an issue depending on what your ex does in the future.
Also, what was this "AOP" that your ex filed with you? Was it just a note or the form your state uses to acknowledge paternity and was it left to you or registered with the state?
These are facts you need to relay.
2007-06-04 13:24:44 · answer #1 · answered by hexeliebe 6 · 1⤊ 0⤋
It souds like the father has relinquished all rights without an actual paternity test. In that case, paternity would not have been established other than by his word. He has relinquished all rights to your son. That is clearlt stated. The only problem that would come up is if someone else could establish themself as the father through a real paternity test, as in blood or DNA test , and sue for custody of the child. This should not be a problem and the affidavit you have is sufficient to keep the father of you son away.
2007-06-04 13:14:55 · answer #2 · answered by fangtaiyang 7 · 0⤊ 0⤋
False entries in an affidavit will discredit the validity and credibility of the other allegations which could be fatal in a case.
2007-06-04 13:07:08 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋