New York Family Law Blog
A New York Family Lawyer said a man filed a paternity petition requesting that an order be made declaring him to be the father of a child.
The man and the mother were present at the trial and the documents reflect that the court already noted the paternity of the child. An acknowledgment was then produced which declared that another man was the father of the child. The court then appointed a law guardian to represent the child.
A New York Custody Lawyer said the other man stated that he raised the child for six years and the child calls him papa. The mother also told the child that he was his father.
The court assigned a group to represent the mother and attorneys to represent the other man. After conference with counsel, a motion schedule was set.
A Suffolk County Custody Lawyer said the other man then brought a notice of motion, requesting that the acknowledgment of paternity be vacated. He states in his affidavit that one day after the birth of the child, he completed an acknowledgment of parenthood because of the information that he was provided. However, a few months after the child was born, he realized that he was not the father, a fact that was verified by the mother. The other man then alleges that he remained living with the mother and his son but during the last two years have had little or no contact with them. The other man further contends that he wants to do what is right for the child and believes that vacating the acknowledgment will allow his son to grow up with his right and lawful father.
A Suffolk County Custody Lawyer said the law guardian does not oppose the other man’s motion on condition that the court take notice that the man is requesting an order naming him the father of the child. The law guardian states that while the child is fond of the other man, he believes that the man is his true father. The law guardian argues that it would be in her client’s best interest to vacate the acknowledgment, but only if an order is made declaring the man to be the father.
The man then filed an affidavit in support, which states that he always provided child support even if he is not legally declared to be the father. Both the child and the other man recognize him to be the father. All of the parties view the man as the child’s father and are in agreement that he be named legally as such. The parties assert that the reason for the delay in the case was that they did not know how to correct the acknowledgment.
The mother also submitted an affirmation in support of the man’s motion to vacate the acknowledgment of parenthood, which argues that the man should be named as the father of the child.
In the case, the acknowledgment of paternity was completed by the other man and the mother. As the other man did not seek to contest the acknowledgment of paternity within 60 days of the execution of the document, he must now make a case showing of fraud, duress, or material mistake of fact.
Sources revealed that even considering the allegations in the light most favorable to the other man, the statement that he knows that the child is not his, because the mother has confirmed, is not sufficient to meet the required burden of proof to vacate the acknowledgment.
While the parties are in agreement to now basically flipping the identity of the child’s father, the court cannot ignore the law. As there has been no showing of fraud, duress, or material mistake of fact, the motion is denied and the court is not required to conduct a hearing on the matter.
Whenever you seek legal guidance for your child’s safekeeping and you want to be awarded of such right, you can ask the Nassau County Child Custody Attorney or Nassau County Child Guardianship Lawyer. You can also ask for the legal representation of a Nassau County Family Attorney from Stephen Bilkis and Associates.