QUESTION

is there any way for one man to vacate an acknowledgement of paternity and have another man sign a new one without the need for a dna test?

Asked on Jun 29th, 2017 on Child Custody - New York
More details to this question:
in 2002 a child was brought to me,i was told she was mine, we had a natural bond that was closer than her bond with the mother. I was 15 years old lacking legal knowledge. When the mother realized I didn't want a relationship she stop letting me see the child. She became engaged to another man telling me they had a paternity test done and to leave them alone, the man later confirmed there was never a paternity test. In 2009 he was signed an acknowledgement of paternity after marrying the mother. Moving forward to now, we have found out that he has been molesting her since she was at the age of 8 years old ( since 2010). I made steps to reach out to her, her mother explained everything to her. Her and her mother now want him off of her papers and out of her life. The child wants me to be her father and we have been spending a lot of time together. neither me nor her want a dna test done, because if she is not mine it would only hurt us both more.I want to accept all legel responsibility
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1 ANSWER

Civil Rights Law Attorney serving Rockville Centre, NY
1 Award
The solution is for you to adopt your daughter, which will automatically terminate the parental rights of the child molester. No DNA test is necessary.  Wait until your daughter is 18 (if she isn't already) because then it becomes an adult adoption, which is simpler. The legal father will be entitled to notice, but you do not need his consent- he can't prevent the adoption. If you are married, your wife must also adopt your daughter, unless you are legally separated/ separated for at least three years. When the adoption is complete your daughter can get an amended birth certificate and then her father will truly be "off of her papers" for ever.  Good luck!  
Answered on Jun 29th, 2017 at 7:44 PM

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