An Acknowledgement of Paternity executed by the father, is the final word regarding paternity in custody matters. In N.M. v. M.F., 2017 Pa. Super. LEXIS 951, we can see how powerful execution of the Acknowledgement of Paternity is – as it trumps actual paternity testing.
In N.M., the father had executed an Acknowledgment of Paternity as part of a Court Order regarding custody in 2003. He took part in raising and caring for the child with his girlfriend for five to six years, after which he was incarcerated for eight years for crimes committed. During the period of his incarceration, the father learned that his girlfriend had been unfaithful to him during the time around the conception of the child. The first thing he did when he was let out of prison was to file a Petition for Paternity with the Court.
The Court held a hearing regarding paternity and although the Court recognized that the father was collaterally estopped from the paternity test – the Court allowed the test anyway – so that the father could know for medical purposes who his father was. Well, guess what?
The test indicated that the father had a zero percent chance of paternity. Oh my. Someone was very upset.
However, when the father went to eliminate his responsibilities under the custody agreement the Court stated that he was the father and there was nothing he could do. Under the custody statutes an Acknowledgment of Paternity can be eliminated under only two circumstances. First, if the Acknowledgment is not revoked within the first sixty days. Second, after sixty days, fraud, duress or material mistake of fact must be proved. Apparently the “father” had waited too long and he remained the father of a child that was not biologically his – with all the duties to pay incumbent on this position.
So, what does this mean? This means that if you even think that a child might not be yours, ask for a paternity test. Once you acknowledge paternity – you are the father, even if later, you can prove that you are not.