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When can I cancel my acknowledgment of paternity in New York?

When can I cancel my acknowledgment of paternity in New York?

Q: What is the statute of limitations on paternity in NY?

In New York, the statute of limitations for establishing paternity is generally 21 years from the child's birth. However, if a child is under 18, a parent can file a paternity action on their behalf. It's important to act promptly, as delays can complicate legal proceedings regarding paternity and child support.

Q: How long does a father have to establish paternity in NY?

A father in New York has 21 years from the date of the child's birth to establish paternity. If the child is a minor, the father can initiate a paternity action at any time before the child turns 18. Establishing paternity is important for legal rights and responsibilities, including child support and custody matters.

Full question:

I was under 16 years when I signed the acknowledgment of paternity. When can I cancel the same under New York law?

Category: Paternity
Subcategory: Acknowledgment
Date: 04/07/2025
State: New York

Answer:

In New York, if you signed an acknowledgment of paternity when you were under 18, you can file a petition to vacate it within 60 days after you turn 18 or within 60 days after being required to respond to a related petition, whichever comes first. This is outlined in NY CLS Family Ct Act § 516-a(b).

Specifically:

If you were under 18 when you signed the acknowledgment, you can seek to rescind it by filing a petition with the court at any time up to 60 days after turning 18 or 60 days after the date you are required to respond to a related petition.
The court will order genetic marker or DNA tests to determine paternity. If the tests show you are not the father, the acknowledgment will be vacated.

It's important that you were informed of your right to vacate the acknowledgment during any related proceedings.

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.

FAQs

How do you vacate an acknowledgment of paternity in NY?

To vacate an acknowledgment of paternity in New York, you must file a petition with the court. If you signed the acknowledgment when you were under 18, you have up to 60 days after turning 18 or 60 days after being required to respond to a related petition to do so. The court may order DNA testing to establish paternity, and if the results show you are not the father, the acknowledgment will be vacated. It's crucial to ensure you are informed of your rights during this process.

What happens if you have a baby with someone else while married in NY?

In New York, if you have a baby with someone else while married, your spouse is typically presumed to be the legal parent of the child. This presumption can be challenged through a paternity action. If you wish to establish paternity for the child with someone other than your spouse, you may need to go through legal proceedings to determine the biological father's rights and responsibilities.

Can a mother cancel child support in NY?

In New York, a mother cannot unilaterally cancel child support. If there is a court order for child support, it must be modified through the court. The mother can request a modification if there are significant changes in circumstances, such as changes in income or the needs of the child. Both parents may need to provide evidence to support the request for modification.

Can a purported father properly seek to vacate an acknowledgment of paternity once signed by him in New York?

Yes, a purported father in New York can seek to vacate an acknowledgment of paternity after signing it. He must file a petition with the court, and he has up to 60 days after signing the acknowledgment or 60 days after being required to respond to a related petition. The court may order genetic testing to confirm paternity, and if the results indicate he is not the biological father, the acknowledgment will be vacated.