my ex convinced me to sign the birth certificate of a child that wasn't mine because she didn't want the actual baby daddy to have rights well we've been broken up for a while now and she's going for child support I'd like to get out of the child support and if I can't get out of paying I'd like to persue taking the child at 100% custody
Dear Mr. Summerlin:
Under Florida law, if you signed an affidavit of voluntary acknowledgment of paternity then there is a rebuttable presumption you are the father of the child. This voluntary acknowledgment is different from the birth certificate so I would check to see if you actually signed that document, because if you did not, then no paternity has actually been established and you can challenge that. If the Department of Revene cannot produce the voluntary acknowledgment you should ask the Court to have a paternity/blood test to show that you are not the child's father.
As to the acknowledgmentm there is an automatic 60 day period from signing the voluntary acknowledgment when it can be revoked. After that period of time the court may only allow a collateral challenge to the acknowledgment of paternity based on fraud, duress or marterial mistake of fact.
You would have to bring that challenge before the Court, if there was in fact fraud, duress or a material mistake of fact, which you would have to prove.
Best of luck,
Cindy S. Vova
Family Law Offices of Cindy S. Vova, P.A.
Broward/Miami-Dade: 954-316-3496
Boca Raton/Palm Beach: 561-926-2785
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