How to File Denial of Paternity
Paternity laws vary widely from state to state. In some states, paternity is established at birth by relying on the mother's word. In other states, if the couple is unmarried at the time of birth, paternity will need to be established by the father signing an Acknowledgement of Paternity (AOP). If the man denies that he is the child's father, he will need to file a Denial of Paternity to ensure that he will not be liable for child support and other costs associated with raising the child. Each state has its own form that contains a Denial of Paternity, although the filing process is similar in most states.
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Instructions
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Go down to your state's office of Vital Statistics and request a Denial of Paternity form. You can find the location of this office in the blue pages of your telephone directory. The Office of Vital Statistics handles birth certificates and paternity issues and will have this form available to you at no cost.
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Fill out the Denial of Paternity form as neatly and accurately as possible using a ball point pen. You will need to know certain information, such as the expected due date or date of birth and the mother's name. Do not sign your Denial of Paternity form.
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Take your Denial of Paternity form down to a Notary Public. A notary will have you attest under oath that you are affixing your name and signature to the document and witness your signature. You may have to pay a nominal fee for the Notary Public's services.
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Bring your Denial of Paternity form down to the Office of Vital Statistics and file it with the clerk. Depending on your state, there may be a filing fee to file the document, or it may be filed at no cost to you. You can request a certified copy of the form from the clerk for your records for a small fee. Once this document has been filed with the Office of Vital Statistics, your Denial of Paternity becomes an official legal document.
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Tips & Warnings
If you cannot afford the filing fee, the Office of Vital Statistics may have a form for you to fill out to apply for a waiver of fees.
File your a copy of your Denial of Paternity document with your state's Office of Child Support Enforcement to help protect you from claims.
It is a good idea to get a DNA paternity test prior to filing a Denial of Paternity. If it is found that you are the father after you have filed a Denial of Paternity, you may be liable for child support and court costs.
Your Denial of Paternity may be invalid if you have previously filed an Acknowledgement of Paternity.
You should consult an experienced family law attorney prior to filing a Denial of Paternity.
References
Resources
- Photo Credit baby image by Diane Stamatelatos from Fotolia.com
