Paternity Law: Rescinding Acknowledgement of Paternity Based On Paternity Fraud

Texas divorce lawyerQuestion:

Is there a paternity law that addresses potential paternity fraud?

I signed a Voluntary Acknowledgement of Paternity at the time of my child’s birth. I now have reason to believe the child’s mother lied to me about being the biological father.

I would like to get a paternity test done and possibly rescind the acknowledgement of paternity if it comes back that I am not the biological father.

What are the steps I need to do to get the paternity test done?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Texas paternity law where I am licensed to practice.

A suit to rescind an acknowledgment of paternity is used to revoke the earlier acknowledgment and to adjudicate paternity through genetic testing. A suit to rescind can be filed by a person who signed the acknowledgment.

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The only question in this suit is whether the man is the child’s biological father, which is established through genetic testing. The parties to a parentage suit can voluntarily submit to genetic testing. Or a party can file a motion asking the court to order genetic testing of the child and other individuals.

The motion for genetic testing can be made anytime after the suit is filed. The motion should ask the court to order genetic testing of one or more of the following individuals: the child, alleged or presumed father, mother, other relatives, twin brother, and/or deceased person.

Remember, I am unable to provide you with advice on paternity law, so please consult with an attorney in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Jordan Haedicke, an associate attorney in the Austin, Texas, office, contact Cordell & Cordell Law Firm.

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One comment on “Paternity Law: Rescinding Acknowledgement of Paternity Based On Paternity Fraud

    What can i do when the mother fraudulently filles out a acknowledgment of paternity form and also i was never served a summons to go to court it was served to the man whom lives 5 doors down from me.So i was in default and they went on a presumed income wich was wrong and they have been garnishing my wages for the last 17 years.All this was done based on all fraudulently sighned documents from the x wife to the child support services.I never even new she was pregnate.we were divorced in 1989 and the child was born in 1992.I started a good job in 2000 and that is when she opened up a child support case.With no paternity ever being established.They went based on a fraudulent sighned letter from the x wife.

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