What if a man thinks that the child is not his after the Affidavit of Parentage has been filed?
The Family Court can “set aside” or “revoke” an acknowledgment of paternity. This can be brought up in a custody, parenting time or support case. It can also be brought to the Court in a new case. This is not easy to do. The parent making the request must prove that he or she only signed the Affidavit because of fraud, coercion, duress or misrepresentation or that there is newly discovered evidence showing he or she is not the parent. However, even if the Judge finds that this is so, the judge is not required to set aside the Affidavit. The Judge also has to find that it is in the best interest of the child to do so. If the child would be hurt by the loss of the relationship or support, the Judge can refuse to revoke the Affidavit even if there is proof that the person is not the biological parent.
