Santa Ana, CA asked in Child Support for Maryland

Q: My fiance was trapped into signing a birth cert. To a baby that wasnt his. In the state of Maryland. He pays still CS.

He has been paying for 5 years . Recently the biological child father contacted him and said that's my child and I want to step up. He is in regular contact with him.what steps can he take to get this off him. They denied him a paternity test because he signed the birth certificate , but the baby isnt his.

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1 Lawyer Answer
Nyasha A. West
Nyasha A. West
Answered
  • Pikesville, MD
  • Licensed in Maryland

A: In Maryland, at the time of birth, or shortly thereafter, the alleged father may sign a form called an Affidavit of Parentage attesting to being the father of the child in question. This document may be rescinded within 60 days after the last party signed by executing a Rescission Form for Affidavit of Parentage. Once 60 days have elapsed, nullifying the Affidavit of Parentage is quite difficult.

In order to strike his name from the certificate, the father must show fraud, duress, or material mistake of fact.

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