Full question:
I live in Delaware, in 2006, I acknowledged paternity for 2 children. Recently, I found out that I am not biological father of the 2 children. In 2010, the other man (real father of the 2 children) filed with the court to claim both children to stand as father of the 2 children, but denied by 13 Del. C. _ 8-609. Limitation: Child having acknowledged or adjudicated father (b). What can I do to transfer my paternity of the 2 children to the other man?
- Category: Paternity
- Subcategory: Acknowledgment
- Date:
- State: Delaware
Answer:
In Delaware, if you have signed a voluntary acknowledgment of paternity, you have a two-year statute of limitations to rescind it. You can initiate a paternity action where the mother or child resides, which might allow you to bring the case in another state.
According to Delaware law, 13 Del. C. § 8-609, if a child has an acknowledged father, a person who signed the acknowledgment can only challenge it within certain time limits. Specifically, under 13 Del. C. § 8-307, you can rescind your acknowledgment within sixty days of signing or before the first court hearing regarding the child. After this period, under 13 Del. C. § 8-308, you can only challenge the acknowledgment based on fraud, duress, or a material mistake of fact, and this must be done within two years of filing the acknowledgment with the Office of Vital Statistics. The burden of proof lies with the person challenging the acknowledgment.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.