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Can you rescind paternity after acknowledging it?

On Behalf of | Sep 20, 2016 | Paternity

Acknowledging paternity is the affirmative acceptance of paternity over a child. Paternity imposes duties on both the child and father. For example, the father must care for the child, and the child must obey the father. Paternity imposes significant duties of care on the father that can carry well into adulthood if the child is physically challenged or attends college. Fathers can rescind an acknowledgment of paternity, but it is a complicated process. This post will discuss the requirements to file a rescission successfully.

To rescind paternity, you must fill out and file a Rescission of Acknowledgment Paternity form with the Texas Vital Statistics Unit. The rescission must be submitted before the 60th effective date of the Acknowledgment of Paternity and before a court case regarding paternity is initiated.

If you miss the deadline, you can still challenge the acknowledgment, but it is more difficult. You can obtain these forms online or at the hospital in which the child was born.

If you are engaged in a paternity action, then you may want to speak to an attorney. With modern technology, like DNA testing, paternity fraud may sound like a problem from the past, but it still occurs in contemporary litigation. It is not simple or easy to require a DNA test or succeed in a paternity action, especially if are the acknowledged father. A lawyer can help you prepare your case to ensure that you have the best chance of succeeding, helping you ensure your case is filed properly and clearly.


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