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Gerald-Esquire, Lawyer
Category: Family Law
Satisfied Customers: 4174
Experience:  30 years of experience
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I signed a VAP for a child I believed to be mine. The mother

Customer Question

I signed a VAP for a child I believed to be mine. The mother also believed the child to be mine. Through DNA testing it was determined the child is not mine. The child is 4 months old, I am 45 days past the 60 day that you are granted to rescind the VAP. The mother has an older child with her ex bf, the new baby is his as well. Her ex bf is willing to step up and take responsibility for the child. He wants to be the dad. She wants him to be the dad. I want off the VAP. How would we challenge this in court, as it doesn't seem to fall under fraud, duress, or material mistake of fact. Also, by signing the VAP the DNA testing is not admissible.
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
This is for Illinois.
Expert:  Gerald-Esquire replied 1 year ago.

Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

Customer: replied 1 year ago.
Please let me know if you need further information.
Expert:  Gerald-Esquire replied 1 year ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The three of you (mother, father, and yourself) need to file a Joint Petition to Establish Paternity.

Here is a sample Petition:

You will need to edit the Petition to fit your specific circumstances.

Once you file the Petition the clerk of the Court may schedule a Hearing. SInce the three of you are in agreement and you have the DNA test results, the Court should issue an Order establishing Paternity.

Once you have that Order you will submit that to the Department of Vital Records with an Affidavit to issue a New Birth Certificate:


Here is a link to the relevant staute:

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
Can we still file a petition for paternity, when paternity has already been established by the mother and myself by signing the voluntary acknowledgement of paternity?
Expert:  Gerald-Esquire replied 1 year ago.

YES. She will be filing the Petition and the father will answer admitting. You will file an Affidavit admtting you signed the VAP mistakenly.

I have sent you a deeply discounted offer for an OPTIONAL phone call to help talk you through the steps.

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Expert:  Gerald-Esquire replied 1 year ago.

This should not be too difficult to accomplish.

The Petition will state that who the biological father is and that there is a DNA Test Confirming it. A copy of the DNA Test will be attached.

The Petition will state that the VAP was signed by Mother and you under the mistaken belief that you are the father.

The Petition will also state that the actual Biological father acknowledges the child and wishes to raise the child with the mother.

The Petition will also state that you have no objection to the correction of the Birth Certificate or the Issuance of a New Birth Certificate. Also that you do not plan to be involved with the child or interfere with the relationship of the child and his actual biological child.

The Petition will cite to the Statute stating that the law supports the issuance of a New Birth Certificate to correctly identify the paternity id the child and encourage the relationship between the child and the actual parents.

The biological father will simoultaneously file an Answer acknowledging all of the above.

You sign an affidavit which will be attached to the Petition.

The Petition will request an Order finding actual paternity and direct the issuance of a New Birth Certificate.

Good luck.

Kind Regards,


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