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.
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.