I’m Not The Father
What should you do if you have acknowledged paternity but are not the father despite having signed an acknowledgment? Alright, so let me clarify that there are two distinct deadlines involved. Of course, time is of the essence at all times. Therefore, as soon as you find out or have reason to believe that it’s not the case, you should get a Chickasha family lawyer right away because the longer you wait, the harder it will be to resolve.
First of all, you have 60 days from the date of signing to file to remove the recognition of fatherhood. You will no longer be able to withdraw that after those 60 days. But after that, there is a two-year deadline. Okla. Stat. title 10, § 7700-308, is found under that statutory two-year timeframe. It stipulates that you have two years from the date of execution to request that the acknowledgment be set aside due to duress or a serious mistake effect.
Changes in Law
Now, that was essentially it before this legal change back in 2019. The two-year restriction was somewhat strict. The law has since changed, though, and it now permits you to make that determination or revoke the presumed paternity and alter your birth certificate if you are not the child’s biological father, essentially, once the child becomes 18. That is only, If you can provide evidence of fraud.
Additionally, another statute that serves this purpose defines fraud. Okla. Stat. title 10, § 7700-102, as follows: Any deliberate misrepresentation of a substantial fact that was fairly relied upon and could not have been detected with due diligence is considered fraud. Generally speaking, this means that if the mother gave you false information or lied to you to make you believe that you are the father and you signed the acknowledgment of paternity based on those lies, it might be considered fraud. However, it is the father’s responsibility to provide definite and compelling proof of the fraud.
Fraud Must Be Proven
If proving fraud is feasible, you must file before the child becomes eighteen. It’s not finished even if you can provide unequivocal and compelling proof that you signed it solely because you were relying on a hoax. Then, a best interest hearing is required because there are situations in which the child’s best interests are served by having a non-biological father. According to the best interest criteria, having that father might be preferable to having no father at all. For in certain situations, even if you are not the biological father, you might still be the father legally.
You first demonstrate fraud using convincing and unambiguous evidence. Then you demonstrate why figuring out the true genetic paternity is beneficial. You can then obtain an order for genetic testing to be conducted in order to ascertain whether or not the father is. If it turns out that you are not the father, you can obtain an order denying paternity and having your birth certificate updated so that you are removed off it.
The most important thing to remember is that before you sign the acknowledgment of paternity, you might want to address any questions you may have. In the event that you did sign the acknowledgment of fatherhood but later had doubts, you should take immediate action, consult with a paternity attorney in Chickasha, and discuss your particular situation as soon as possible, since the longer you wait, the tougher it will be.
Call Today For A Consultation
Handling paternity issues can be challenging, especially when someone’s name appears on the birth certificate but there are doubts about their paternity. In Oklahoma, individuals may question paternity in certain situations, but doing so necessitates expert legal advice and familiarity with the relevant laws. If you find yourself in this situation, don’t be hesitant to seek legal advice from a knowledgeable Chickasha paternity attorney. At Wirth Law Office – Chickasha, we work to settle paternity cases as quick as posible. Call us at 405-272-4100 to schedule a consultation and begin the process of resolving your paternity difficulties. If you also fill out the form at the top of this page, we will get back to you right away.