Legal Question in Family Law in Minnesota
recognition of parentage
how do I file a lawsuit to vacate the R.O.P. by the way of mistake of fact?
3 Answers from Attorneys
Re: recognition of parentage
You would need to file a Motion in Family Court. Also, if you haven't already, you will need to take a genetic/blood test to verify whether you are the father or not. Please contact me if you want additional information.
Re: recognition of parentage
I concur with Michal Paul's answer - you'll need the blood/genetic tests and to serve and file an appropriate motion. There are many things you can do for yourself in court, but for this kind of thing I would strongly recommend getting the assistance of a family law attorney.
Re: recognition of parentage
Thank you for your question regarding the revocation of a ROP.
The recognition is, in general, proof of parentage. Whether you can contest the presumption of paternity created by the ROP depends on a variety of factors, among them, how long ago the ROP was executed, and whether you have lived with the mother and child.
You need to realize that, in general, the ROP has the effect of a paternity judgment -- a final order establishing paternity. If you wish to contest the ROP you must commence an action within one year of the date the ROP was executed, and if a paternity test has already been done, then you must bring your action within six months. In short, you should act quickly if you have reason to believe you are not the father. Once an action is commenced, the court will order a blood test. If more than one year has passed since you executed the ROP, you are generally barred from disputing paternity.
This is a serious matter. If you have additional questions or concerns, please feel free to contact me. My contact information is below.