[wycca]

So here's a twister of a question, I've raised my son for 3 years now whom I have always known was born of rape, me and his mother were never married, however our lawyer suggested that I sign the acknowledgment of paternity papers. So I did.

Now 3 years later, me and his mother have not been together for a year. However through this entire time, she has has never held a job and has lived with, and been supported by me for fear that she wouldn't do the best for my son on her own. She is threatening to challenge my rights as a father, and take full custody of my child.

What can I do to keep at least joint custody of my child whom I've raised and supported all these years?

(child born in Arkansas, currently in Illinois)

[Fr_Chuck]

Tough, case can go either way, sometimes the step parent ( non bio) will be given some rights and held to child support,

She will black mail you the rest ofyour life on this. Take it to court, hire a good attorney and then if you lose you will be no worst off most likely, you can still go back and let her black mail you after you lose in court.
But you have a chance in court.

[cadillac59]

I'm scratching my head wondering what the problem is.

If you and she signed a voluntary declaration of paternity that serves as the equivalent in California (maybe most other places but check out the rule in Arkansas) of a judgment of paternity. If the child is the product of a rape the bio-dad is out of the picture and will never be treated as a legal father. So in short, you're it. There's no one else out there that can compete with you as the dad.

Yeah, you have all the rights of any dad and can share joint custody and all that jazz. So, I don't get it. What's the problem?

[wycca]

My son is 3 years old, he was conceived through rape, however me and his mother decided before he was born that I would raise him as my own. Our doctor suggested that I sign the acknowledgment of paternity papers, so I did, I am also on his CD. (me and his mother were never married)

However, as to my understanding my rights as a father can be questioned and taken away with something as simple as a DNA test.

I'm curious if I can go about formally adopting my son to safeguard myself from possible future (no win) custody cases

[wycca]

I'm scratching my head wondering what the problem is.

If you and she signed a voluntary declaration of paternity that serves as the equivalent in California (maybe most other places but check out the rule in Arkansas) of a judgment of paternity. If the child is the product of a rape the bio-dad is out of the picture and will never be treated as a legal father. So in short, you're it. There's no one else out there that can compete with you as the dad.

Yeah, you have all the rights of any dad and can share joint custody and all that jazz. So, I don't get it. What's the problem?

From what I understand in the state of Arkansas, all that needs to happen on her end to have me taken off the record as his father, is to contest my validity of paternity through a DNA test.
I may be reading the fine print wrong, but that's at least to my understanding, how the law reads.

[ScottGem]

I've merged your threads, its best to keep related posts in the same place.

Read what Cadillac said. You are the legal father. The only person who could challenge that is the rapist and such a challenge is highly unlikley. After some point in time, the ability to challenge will have expired.

I would consult a Family Law attorney in your area to see whether a challenge could still be mounted.

I think you are reading the "fine print" wrong. If you want to post a link to what you are reading we can advise further. But, as I understand the law in most states, voluntarily acknowledging paternity is binding.

[cadillac59]

from what i understand in the state of Arkansas, all that needs to happen on her end to have me taken off the record as his father, is to contest my validity of paternity through a DNA test.
I may be reading the fine print wrong, but that's at least to my understanding, how the law reads.

Okay, well I'm a family law attorney in California so I'm not going to speculate about Arkansas law. Obviously, you need to invest in the cost of a consultation with an Arkansas lawyer who knows this stuff. So do that.

But, I will tell you in California (and many states follow our lead on things--maybe not enough of the time, but that's another matter), you're it. Since more than 2 years have past since the child's birth it's too late to set aside the declaration of paternity (POP-Dec) unless either of you file a motion within 6 months of a support or custody order being entered based on the POP-Dec to have it set aside and, even if that occurred (which wouldn't be automatic anyway even if the DNA test shows you're not the dad) all that would happen is you wouldn't have the POP-Dec to rely on to establish paternity. Even without it you still have a presumption of paternity going for you because you took the child into your home and held the child out as your own. No one else out there can compete with you on that; that is, no one else out there has a presumption of paternity like you do. Hence, you win. Even if the child hadn't been conceived as a result of a rape the result is the same. You're the legal father unless mom argues you haven't assumed the parenting role all this time and convinces a judge of this (unlikely). See, it's NOT what so many people mistakingly think, that this is all some sort of glorious quest to find the "real" dad, that is to find biology, to locate the biological father so we can crown him the legal father. No, no no and double no. It's far more complicated than that. Yes, of course we care about who is the child's genetic parent, but that's only a part of the puzzle and not essential in many cases in answering the question of who we will ultimately call dad. There are thousands of men out there who have no biologic connection to children, have not adopted them yet are still legally their fathers.

As far as adoption goes, no. You don't need that because you are already the dad.

[cdad]

For the sake of getting through this; this is what your laws there read like:

If we sign the Affidavit Acknowledging Paternity now, can we have the paternity test later?

Yes, subject to the following time limits. A person who has signed an acknowledgment may rescind within (60) days after signing. After the sixty (60) day period, and up to three (3) years, a motion to set aside the acknowledgment may only be based on allegations that the acknowledgment was obtained by fraud, duress, or material mistake of fact. Then the court may direct the mother, the child and presumed father to submit to scientific testing for paternity as provided by ACA §9-10-108.
Credit from this site below :

DivorceNet - Paternity in Arkansas

So since it can't be challenged because its been over 3 years even just barely you ARE the legal father in the eyes of the law. If you have any concerns then go file for custody yourself and be the first one to jump from the starting blocks.
You might even get full custody.

[cadillac59]

Again, be sure to get a consult with a good Arkansas family law attorney. Things sound like they will be fine.

[GV70]

9-10-120. Effect of acknowledgment of paternity.
(a) A man is the father of a child for all intents and purposes if he and the mother execute an acknowledgment of paternity of the child pursuant to § 20-18-408 or § 20-18-409, or a similar acknowledgment executed during the child's minority.

(b) (1) Acknowledgments of paternity shall by operation of law constitute a conclusive finding of paternity, subject to the modification of orders or judgments under § 9-10-115, and shall be recognized by the chancery courts and juvenile divisions thereof as creating a parent and child relationship between father and child.

(2) Such acknowledgments of paternity shall also be recognized as forming the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity.

(c) The Department of Health shall offer voluntary paternity establishment services in all of its offices throughout the state. The Department of Health shall coordinate such services with the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration.

(d) Upon submission of the acknowledgment of paternity to the Division of Vital Records of the Department of Health, the State Registrar of Vital Records shall accordingly establish a new or amended certificate of birth reflecting the name of the father as recited in the acknowledgment of paternity.

9-10-115. Modification of orders or judgments.
(a) The circuit court may at any time enlarge, diminish, or vacate any order or judgment in the proceedings under this section except in regard to the issue of paternity as justice may require and on such notice to the defendant as the court may prescribe.
...

(c) Any signatory to a voluntary acknowledgment of paternity may rescind the acknowledgment by completing a form provided for that purpose and filing the form with the Division of Vital Records of the Department of Health:

(1) Prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity is a party; or

(2) Within sixty (60) days of executing the voluntary acknowledgment of paternity,

(f) (1) If the test administered under subdivision (e)(1)(A) of this section excludes the adjudicated father or man deemed to be the father pursuant to an acknowledgment of paternity as the biological father of the child and the court so finds, the court shall:

(A) Set aside the previous finding or establishment of paternity;

(B) Find that there is no future obligation of support;

(C) Order that any unpaid support owed under the previous order is vacated; and

(D) Order that any support previously paid is not subject to refund.

[GV70]

9-10-108. Paternity test.
(a) (1) Upon motion of either party in a paternity action, the trial court shall order that the putative father, mother, and child submit to scientific testing for paternity, which may include deoxyribonucleic acid testing, to determine whether the putative father can be excluded as being the biological father of the child and to establish the probability of paternity if the testing does not exclude the putative father.