[Lorenagac04]

We live in New York. My sons father is now trying to recind on the acknowledgement after 14 months. I am wondering if when I go to court if they will order a paternity test, or can I just agree to let him recind?

[Fr_Chuck]

Is there a chance he is not the father ?

[kcomissiong]

This is what I found regarding paternity in NY...

"Pursuant to NY Family Court Act §516-a, “father” can petition for Rescission of Voluntary Paternity Acknowledgment, and it can only be used if he signed an Acknowledgment of paternity. Also, Social Services Law §111-k(2)(a) mentions the issue of disestablishment. It states that either signatory (either parent) can file a court action to vacate the acknowledgment, within 60 days of signing the acknowledgment. Also, after 60 days, either parent can challenge the acknowledgment in court action based on fraud, duress or material mistake of fact."

What this seems to say is that if he acknowledged paternity voluntarily, and cannot prove that you have been lying to him, the window to rescind has passed. If you knowingly committed fraud (ie: you knew someone else could be the father, and he can prove it, he can then attempt to rescind the acknowledgment and petition for genetic testing) Does he have a reason for wanting to rescind?

[AK lawyer]

... after 60 days, either parent can challenge the acknowledgment in court action based on fraud, duress or material mistake of fact."...

And to answer the OP's question, if fraud, duress are proven, they probably will order a paternity test. Such a test may possibly be the basis for a finding of "material mistake of fact", but I would guess that he would have to pay for the test in that event.