Submitted by Hendricks on Fri, 04/02/2010 - 09:38
right after my girlfriend's child was born I signed an Acknowledgment of Parentage form that was notarized. A couple of weeks later we had a huge fight and my girlfriend told me I was not the father. We broke up but now I'm worried about the paternity paper I signed. Any idea what I should do?
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Denying paternity after acknowledgement of parentage in MA
You are wise to be concerned about the Acknowledgment of Parentage form that you signed. Once it is signed you only have 60 days to rescind it. Beyond that window, your signature on that form is as good as an Order of Paternity issued by a Family Court judge and just as difficult to "undo." You may not have noticed it at the time, but the back of the Acknowledgement of Parentage form has some very important information. Read it if you can. Here is some relevant language:
If, after signing, either of you believes that the man named on this form is not the father, one of you must file a case in Probate and Family Court within 60 days of the signing, requesting the court to rescind (cancel) the acknowledgment.
Here is some relevant language from Massachusetts General Laws Chapter 209C, Section 11(a):
The person seeking to rescind the acknowledgment shall, within 60 days of signing the acknowledgment, file a petition in the probate and family court in the county in which the child and one of the parents resides seeking to rescind the acknowledgment, with notice to the other parent. If neither of the parents lives in the same county as the child, then such complaint shall be filed in the county where the child lives.
If you are unsure how to do this, talk to the clerks at the Probate and Family Court or hire yourself a Massachusetts family law attorney. For more information or to post a question, visit our Massachusetts Family Law Discussion Forum. Good luck.