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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 10484
Experience:  Experienced Family Law Attorney
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Second opinion] Should I file to vacate an acknowledgement

Customer Question

Second opinion] Should I file to vacate an acknowledgement of paternityJA: What state are you in? It matters because laws vary by location.Customer: nyJA: Has anything been filed or reported?Customer: I was married and separated at the timeJA: Anything else you want the lawyer to know before I connect you?Customer: yes my son father which isn't my husband received visitations but hasn't shown in about a year basically my husband and I got back together and are raising this child but the other guy name and last name is ***** ***** son birth certificate
Submitted: 2 months ago.
Category: Family Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

Any attempt to vacate such an acknowledgment must be done within 60 days, unless one can prove fraud, mistake etc; please see:

https://www.childsupport.ny.gov/dcse/pdfs/4418.pdf

Normally if there is an acknowledged bio father that is not involved in the child's life, and the step parent is involved, the step parent and mother can file an adoption petition, which will serve to terminate the bio father's rights.

Please see:

https://www.nycourts.gov/courthelp/family/adoptionTypes.shtml

The court can deem that the bio father abaondoned the child after 6 months per Dom. Rel. Law § 111.

As part of the adoption process they can change the name on the birth certificate.

I hope this helps!

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Expert:  LegalGems replied 2 months ago.

Hello again; just checking in to see how things worked out;

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