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-   -   If I new I was not the father on the affidavit of parentage in Florida ? (https://www.askmehelpdesk.com/showthread.php?t=546192)

  • Jan 20, 2011, 03:36 PM
    joe.hedge
    If I new I was not the father on the affidavit of parentage in Florida ?
    I new I was not the father and signed a affidavit of parentage and so did the mother.now we are brokup and she want child support I have not seen or had contack with the child in 4 years and she has had contack with the bio. Father and knows who he is.how can I have my name taking off every thing so I can move on with my life.this is in Florida .

    Attorneys only think you
    A U.S. MARINE IN AFG
  • Jan 20, 2011, 03:43 PM
    J_9

    So you falsified a legal document?
  • Jan 20, 2011, 03:49 PM
    joe.hedge
    Comment on J_9's post

    Y what will that do if we did
  • Jan 20, 2011, 03:57 PM
    J_9

    Well, you DID, since you knew you were not the father. But hindsight is 20/20, hopefully nothing will happen.

    Now, since you signed paternity papers, you are the legal father of this child and, as such, you took responsibility when you signed the Affidavit of Paternity.
  • Jan 20, 2011, 04:52 PM
    ScottGem

    Section 742.10(1), Florida Statutes states in part that: “If no adjudicatory proceeding was held, a voluntary
    acknowledgement of paternity shall create a rebuttable presumption, as defined by s. 90.304, F.S. of paternity and is
    subject to the right of any signatory to rescind the acknowledgement within 60 days of the date of the
    acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a
    proceeding to establish a support order, in which the signatory is a party, whichever is earlier. Both parents are
    required to provide their social security numbers on any acknowledgement of paternity, consent affidavit, or
    stipulation of paternity. Section 742.10(4), Florida Statutes states: After the 60-day period referred to in paragraph
    (1), a signed voluntary acknowledgment of paternity shall constitute an establishment of paternity and may be
    challenged in court only on the basis of fraud, duress or material mistake of fact, with the burden of proof upon the
    challenger, and under which the legal responsibilities, including child support obligations of any signatory arising
    from the acknowledgment may not be suspended during the challenge, except upon a finding of good cause by the
    court.”

    That leaves you as the legal father and liable for child support.
  • Jan 25, 2011, 04:56 PM
    joe.hedge
    So is there a way out of this at all or do I have to pay for this for the next 11 years

    And what if I can find the bio dad

    {Comments merged}
  • Jan 25, 2011, 04:58 PM
    joe.hedge
    Comment on J_9's post
    Is there a way out
  • Jan 25, 2011, 05:18 PM
    ScottGem

    You willingly signed the acknowledgment of paternity. So you can't claim fraud, duress, or mistake. So that leaves you as the legal father. And, therefore, responsible for support.

    Even if you find the bio father, unless he wants to challenge paternity, it leaves you as the legal father. Even if he wants to challenge, its unlikely a court will uphold the challenge.

    If you want out consult an attorney. But the odds are against you.
  • Jan 25, 2011, 06:40 PM
    GV70
    Quote:

    Originally Posted by joe.hedge View Post
    do i have to pay for this for the next 11 years

    Probably yes.

    Quote:

    Originally Posted by joe.hedge View Post
    and what if i can find the bio dad

    Say him Hello!;)
  • Jan 25, 2011, 07:13 PM
    Fr_Chuck

    The time to challenge it has long passed. You agreed to be the legal father, and you now will have to pay for that.

    You can try and file in court a motion to have that set aside.
    The odds are against you. And I don't see that option in the law.

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