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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 33215
Experience:  Attorney with 15 years experience
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If a male signs the birth certificate of a child then finds

Customer Question

If a male signs the birth certificate of a child then finds out he is not the father through a DNA test, is he able to get off child support in the State of KY
Submitted: 6 months ago.
Category: Family Law
Expert:  Barrister replied 6 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question..How long ago did the male sign the birth certificate?.Was this a court ordered DNA test or a private one?..thanksBarrister
Customer: replied 6 months ago.
10 years ago. It was a private DNA test
Expert:  Barrister replied 6 months ago.
Certain statutory presumptions of paternity govern the determination in certain situations. There is a presumption of paternity when a father has taken a child into his home and has held the child out as his own for a period of time. A presumption of paternity also arises in KY when a father signs a voluntary declaration of paternity..Upon the expiration of the sixty-day rescission period, “a verified voluntary acknowledgement of paternity 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.”.But KY doesn't have any specific statutes that set a statute of limitations on a paternity challenge, although I would opine that it is very unlikely a judge would allow a father to disestablish paternity after ten years. This is based on an appellate case in KY, Hinshaw v. Hinshaw, where a male was still considered the legal father, even though a DNA test disestablished paternity. The court ruled that since the man had acted like the child's father for years and he was therefore "equitably estopped" from disproving paternity...thanksBarrister

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