Unfortunately, if you’ve already acknowledged paternity for a child born out of wedlock, you may have a very difficult time getting a judge to agree to vacate your acknowledgement.
The state has a strong interest in ensuring that all children in Queens are supported by their parents, and sometimes that can mean that the court will assign you the responsibilities of a father even if you can prove that you have no biological tie to the child.
If you act quickly after an acknowledgement of paternity, you stand a better chance of succeeding in court.
By filing within a 60 day window of signing the birth certificate, you may be able to free yourself of decades of child support payments and other obligations.
After that, your case becomes much more difficult, and requires that you prove you acted under duress, fraud, or mistake of fact, and that your petition to vacate won’t harm the interests of the child.
These are very difficult tests to meet in New York.
These cases are not easy, and judges have a strong incentive to put the welfare of a baby above the financial interests of an adult.
The attorneys at Zelenitz, Shapiro & D’Agostino can help you build the strongest possible case to vacate your acknowledgement of paternity, as quickly as possible.
Call us today at 718-523-1111 for a free consultation with an experienced Queens paternity and child support lawyer.
