Menstuff® has compiled the following information on Legal Aid
for Duped Dads.
Legal Aid for Duped Dads
So you've had the paternal wool pulled over your eyes, and now you want out--of the relationship with your partner and her child. First, make sure this is really what you want and you aren't just acting out of anger, justified as it may be. If you're set on severing all ties, hire a family-law attorney. (Go to abanet.org/lawyer locator/searchlawyer.html and click on "Location/Area of Practice.") Then follow these court-tested tips for taking back your life.
Step 1. Check the birth certificate. Every state has its own window of time during which a married man can dispute paternity. For example, in North Dakota it's 1 year from the signing of the birth certificate, while in Tennessee it's 5 years. (The exception: If the child is born out of wedlock, men usually get just 60 days.) See chart below, for the law in your state. If you're within the time frame, your lawyer will want to file an affidavit that includes paternity-test results. Time expired? Read on.
Step 2. File for divorce. Untying the knot gives you a legal opening to dispute paternity, even when state law says you missed the deadline. The catch is that now an affidavit and test results aren't enough--you need to sue for fraud. "If she's found to have committed fraud, the verdict can relieve you of custody payments," says attorney Michelle Kelly, a paternity expert in Michigan. Caution: You can win the suit and still be ordered to pay child support if your soon-to-be-ex isn't financially stable. In that case, go to Step 3.
Step 3. Identify the real dad. Now's your chance to make the jerk
pay. "The real biological dad could be forced to pay support, but
only if he is named," says Kelly, adding that it's often difficult to
ID the guy. Hire a private detective, specifically a "certified legal
investigator"; they specialize in gathering information for court
cases.
STATE/UNMARRIED MEN/MARRIED MEN
Alabama No time limit No time limit
Alaska 60 days after signing an acknowledge of paternity Final once birth certificate is signed
Arizona 60 days Final once birth certificate is signed
Arkansas No time limit No time limit
California 2 years from birth; court can still deny if not in child's best interest 2 years from birth; court can still deny if not in child's best interest
Colorado No time limit 5 years
Connecticut 60 days Final once birth certificate is signed
Delaware 2 years 2 years
Florida 60 days No time limit
Georgia No time limit No time limit
Hawaii 60 days Final once birth certificate is signed
Idaho 2 years 2 years
Illinois 60 days 2 years
Indiana 60 days No time limit
Iowa 60 days Final once birth certificate is signed
Kansas 60 days 1 year
Kentucky 60 days Final once birth certificate is signed
Louisiana 60 days 1 year
Maine 60 days No time limit
Maryland 60 days No time limit (fraud only--you must prove your wife knew that you weren't the child's father)
Massachusetts 60 days 1 year
Michigan 60 days Final once birth certificate is signed
Minnesota 1 year 3 years
Mississippi 60 days No time limit
Missouri 60 days 1 year
Montana 60 days Final once birth certificate is signed
Nebraska 60 days Final once birth certificate is signed
Nevada 60 days Final once birth certificate is signed
New Hampshire 60 days Final once birth certificate is signed
New Jersey 60 days Final once birth certificate is signed
New Mexico 60 days Final once birth certificate is signed
New York Final once paternity is established Final once birth certificate is signed
North Carolina 60 days Final once birth certificate is signed
North Dakota 1 year 2 years
Ohio No time limit No time limit
Oklahoma 60 days 2 years
Oregon 1 year Final once birth certificate is signed
Pennsylvania 60 days Final once birth certificate is signed
Rhode Island 60 days Final once birth certificate is signed
South Carolina 60 days Final once birth certificate is signed
South Dakota 60 days 3 years
Tennessee 60 days 5 years; no time limit to prove fraud
Texas 60 days 4 years
Utah 60 days 4 years; no time limit to prove fraud
Vermont 60 days Final once birth certificate is signed
Virginia No time limit No time limit
Washington 2 years 2 years
West Virginia 60 days No time limit; court can still deny if not in the child's best interest
Wisconsin 60 days No time limit
Wyoming 2 years 5 years
Source: By: David Schipper, www.menshealth.com/cda/article.do?site=MensHealth&channel=guy.wisdom&category=family.guy&conitem=4a096f83c9821110VgnVCM10000013281eac____
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