Wednesday, April 4, 2007

Paternity Affidavits - A Warning

Following In re the Paternity of E.M.L.G, R.L.J., J.A.J., and N.A.H., paternity affidavits pose a trap for the unwary. See my post here on this case. Why call them a trap for the unwary? A paternity affidavit contains the following language in the Rights and Responsibilities section:

By Signing this document, I acknowledge that I have read and understand
the following:


1. That this affidavit establishes paternity and gives
rise to parental rights and responsibilities including
the right of the child's mother or the IV-d agency to
collect child support, and that a child support order
can be established based on this document without any
further evidence concerning the issue of paternity.


2. That if this affidavit is completed there will be no
hearing related to the paternity Of the child(ren)
included in the affidavit.


3. That by contacting the Prosecuting Attorney's Office in
my county, I can pursue the following child support
services through the IV-D program:

a. Location of absent parents whose whereabouts
are unknown;
b. securing a court order for the payment of child
support; and
C. Enforcement of support orders.


4. That this affidavit is void if it is signed more than
72 hours after the birth of my child, or after the mother
of the child has executed a consent to adoption of the
child, and a petition to adopt the child has been filed,


Nowhere does the affidavit mention that the father has 60 days to request genetic testing or lose any right to request that testing. So much for explaining the father's rights.

4 comments:

Mr. Nicy Guy said...

What if you file/sign a Paternity Affidavit after the 60 days? Also, what if it turns out that you are not the father after this affidavit is signed? THANK YOU!

Sam Hasler said...

You did not look around the site enough. Take a look at this http://haslerlaw2.blogspot.com/2007/12/paternity-new-case-on-setting-aside.html and the other articles under the topic paternity. Bottom line: sign the affidavit and wait too long and you are father.

Anonymous said...

Although my son is listed on his daughters birth cert. he cannot remember if he and his girlfriend at the time signed a paternity affidavit. Where would I help him look to see if an affidavit was signed? Where would it be filed?

Sam Hasler said...

Good question. Check with the Indiana Department of Health.