Seattle, WA asked in Family Law for Idaho

Q: I signed the affidavit of paternity under the influence of pain medication after birth, can I withdrawal my signature

I was intoxicated on prescription pain medication from after birth pain ifell asleep a few times on the way to sign the acknowledgment. On top that I didn’t really understand the paper at all. Can I withdrawal my signature? My child’s father was going to break up with me and kick me out if didn’t. I didn’t feel like it was an option between the lecture from hospital workers and the Ultimatums I was given.

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: Did you know where you were when you signed the acknowledgment?

Did you sign with your own pen?

What medication were you taking?

What was your recommended dose?

What time are you supposed to take it?

What time did you actually take it?

Why would you want to remove the father's name? By putting his name down your child has the legal right to be supported for the next 18 years by him. That's the responsible thing to do. A man that father's a child is presumed to be the father unless a later paternity test proves otherwise. If I understand what happened, please correct me if I'm wrong, you were in a room with the hospital person and the child's father, one of whom handed you an acknowledgment of paternity? You wrote a name and it was your baby's actual father? If that's what happened, then you don't have standing to claim the father's rights, only he can claim that you wrote that he was the father, and he denies it. This is not a new problem. If the birth father NOW wishes NOT to be the child's father, tough! But he can always challenge his paternity to the child by giving his DNA and getting the results back. Good Luck to you!

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