This is a Petition to rescind an Act of Acknowledgement of Paternity, due to negative results of a paternity test
Louisiana Petition to Rescind Act of Acknowledgment of Paternity
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Description
Definition and meaning
The Louisiana Petition to Rescind Act of Acknowledgment of Paternity is a legal document that enables an individual to revoke their acknowledgment of paternity for a child. This form is essential when new evidence, such as a DNA test, indicates that the individual is not the biological father of the child. It is designed to ensure that legal parental responsibilities can be accurately assigned, and to protect the rights of all parties involved, including the child.
Who should use this form
This form should be utilized by anyone who has previously acknowledged paternity but has since discovered evidence that questions or disproves that status. This typically applies to individuals who are not married to the child's mother and seek to officially rescind their acknowledgment. It is an important step for those who want to clarify their legal standing regarding paternity and parental responsibilities.
How to complete the form
Completing the Louisiana Petition to Rescind Act of Acknowledgment of Paternity requires careful attention to detail. Follow these steps:
- Provide your full name and address as the petitioner.
- Include the defendant’s (the child’s mother) name and address.
- State the birth details of the child, including the birth date and name.
- Summarize the reasons for rescinding the acknowledgment, including any supporting evidence such as paternity test results.
- Sign and date the petition.
Once completed, ensure you file the form with the appropriate family court in your parish.
Key components of the form
The Louisiana Petition to Rescind Act of Acknowledgment of Paternity includes several vital components:
- Petitioner Information: Identification details of the individual filing the petition.
- Defendant Information: Identification details of the mother of the child.
- Child Information: The name and birth details of the child in question.
- Grounds for Rescission: A detailed account of why the acknowledgment should be rescinded.
- Paternity Test Results: Any evidence demonstrating non-paternity must be attached.
These elements provide the necessary legal framework for the court to evaluate the petition.
Common mistakes to avoid when using this form
While completing the petition, it is important to steer clear of common pitfalls:
- Failing to include complete and accurate information for both parties.
- Neglecting to attach supporting documents like paternity test results.
- Not filing the form within the required time frame.
- Forgetting to sign or incorrectly dating the petition.
Avoiding these mistakes will contribute to a smoother legal process.
What documents you may need alongside this one
When filing the Louisiana Petition to Rescind Act of Acknowledgment of Paternity, you may need to include several important documents:
- Paternity Test Results: Should conclusively prove that you are not the biological father.
- Previous Affidavit of Acknowledgment: A copy of the acknowledgment form that you initially signed.
- Proof of Identity: Such as a government-issued ID to verify your identity as the petitioner.
- Notification of the Other Party: Proof that the child's mother has been notified of the petition.
Having these documents attached will support your case in court.
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FAQ
An Acknowledgment of Paternity affidavit in Louisiana is a legal document that establishes a father's rights and responsibilities towards his child. When both parents sign this affidavit, it serves as proof of paternity, which can have significant implications for child support and custody. If circumstances change, you may wish to file a Louisiana Petition to Rescind Act of Acknowledgment of Paternity to contest or change this acknowledgment. Platforms like US Legal Forms offer resources to help you navigate this process effectively.
If you want to change your child's name, the first step you need to take is to file a petition with the family court in your county requesting the change. You are obligated to notify the other parent and give them the opportunity to respond to your petition.
For example, in a paternity fraud case, the judge may hold a person in contempt for lying or falsifying information about the paternity test. When this occurs, the judge may issue a contempt order, which can result in criminal charges.
It is not possible to remove father from birth certificate who is the natural father of a child. Therefore, no matter how strained your relationship is with your former partner you are not able to remove father from birth certificate.
The father's name can't be removed from a child's birth entry if he's the biological father of the child. A father's name can only be removed from a child's birth entry if it has been established in court that he's not the biological father of the child.
Chadwick Hodge, that a man may sue a woman for paternity fraud. A man who has been told by the mother that he is the father of her child can sue her if she is lying.He may also bring a civil action for paternity fraud against the mother to recover damages and any emotional distress.
Cases Where Both Parents Signed a Voluntary Declaration of Parentage or Paternity. ) to rescind (cancel) the declaration of parentage or paternity. You must file the rescission form with the Department of Child Support Services within 60 days from the date you signed the Declaration of Paternity.
The person must complete a Revocation of Acknowledgment of Paternity and file it with Vital Records within the 60 day period. After 60 days, a parent must file a petition in court in Louisiana to rescind (revoke) the acknowledgment pursuant to R.S. 2 A (7) (a & b) or R.S. 6.
Remove the father's name (if incorrect) You'll need to attach evidence that the father named on the certificate isn't the child's biological father. This may be:Court order declaring the identity of the child's father. Court order declaring that the registered father is not the father.