Legal Question in Family Law in Maryland

Vacate Affidavit of Parentage

I found out I am the father of a 5 year old male who lives in

NY with his mother. The orginal alleged father took a DNA test which excluded him as the father. I filed a petition in NY for paternity. The judge said he would not rule against the affidavit filed in MD. He said we would have to vacate in MD, then petition for paternity. There has never been a court case for paternity in MD just the Affidavit that was signed to have his name on the birth certificate. The original father is not really cooperating in getting this resolved. He feel that it is not his problem. How can the mother and myself get this vacated? Can we do it without his help?


Asked on 6/03/02, 1:47 pm

2 Answers from Attorneys
Robert Sher Wagshal and Sher

Re: Vacate Affidavit of Parentage

You will probably have to file a petition in MD to vacate the affidavit of parentage. You will have to serve the affiant (the supposed father) with the petition to give him the right to participate even though he'll probably ignore it. Once the MD court vacates it, then the NY court can proceed to establish your paternity.

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Answered on 6/03/02, 4:14 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Vacate Affidavit of Parentage

You need to appear before a Circuit Court judge in Maryland with the mother and have the affidavit vacated. You will then need to work with a New York attorney to coordinate. It would be beneficial to establish relations with a New York attorney and him/her coordinate after the filing in Maryland is completed. If you would like me to assist you, I am available.

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Answered on 6/03/02, 7:35 pm


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