Can the mother of a child have a new paternity test after 13 years to find the real father?
Full Question:
If a child is born to an unmarried mother and the mother lists another man on the birth certificate and the child has that man's last name, can the mother claim that the person on the birth certificate is no longer the father of the child.(13 years later). Can she have the Court order a paternity test on a different man?
10/03/2007 |
Category: Paternity |
State: Connecticut |
#9605
Answer:
The applicable Connecticut statutes are as follows:
Sec. 46b-172. Acknowledgment of paternity and
agreement to support; judgment. Review of acknowledgment of paternity.
(a)(1) In lieu of or in conclusion of proceedings under section 46b-160,
a written acknowledgment of paternity executed and sworn to by the putative
father of the child when accompanied by (A) an attested waiver of the right
to a blood test, the right to a trial and the right to an attorney, and (B)
a written affirmation of paternity executed and sworn to by the mother of
the child shall have the same force and effect as a judgment of the
Superior Court. It shall be considered a legal finding of paternity without
requiring or permitting judicial ratification, and shall be binding on the
person executing the same whether such person is an adult or a minor,
subject to subdivision (2) of this subsection. Such acknowledgment shall
not be binding unless, prior to the signing of any affirmation or
acknowledgment of paternity, the mother and the putative father are given
oral and written notice of the alternatives to, the legal consequences of,
and the rights and responsibilities that arise from signing such
affirmation or acknowledgment. The notice to the mother shall include, but
shall not be limited to, notice that the affirmation of paternity may
result in rights of custody and visitation, as well as a duty of support,
in the person named as father. The notice to the putative father shall
include, but not be limited to, notice that such father has the right to
contest paternity, including the right to appointment of counsel, a genetic
test to determine paternity and a trial by the Superior Court or a family
support magistrate and that acknowledgment of paternity will make such
father liable for the financial support of the child until the child's
eighteenth birthday. In addition, the notice shall inform the mother and
the father that DNA testing may be able to establish paternity with a high
degree of accuracy and may, under certain circumstances, be available at
state expense. The notices shall also explain the right to rescind the
acknowledgment, as set forth in subdivision (2) of this subsection,
including the address where such notice of rescission should be sent, and
shall explain that the acknowledgment cannot be challenged after sixty
days, except in court upon a showing of fraud, duress or material mistake
of fact.
(2) The mother and the acknowledged father shall have the right to
rescind such affirmation or acknowledgment in writing within the earlier
of (A) sixty days, or (B) the date of an agreement to support such child
approved in accordance with subsection (b) of this section or an order of
support for such child entered in a proceeding under subsection (c) of
this section. An acknowledgment executed in accordance with subdivision
(1) of this subsection may be challenged in court or before a family
support magistrate after the rescission period only on the basis of
fraud, duress or material mistake of fact which may include evidence that
he is not the father, with the burden of proof upon the challenger.
During the pendency of any such challenge, any responsibilities arising
from such acknowledgment shall continue except for good cause shown.
(3) All written notices, waivers, affirmations and acknowledgments
required under subdivision (1) of this subsection, and rescissions
authorized under subdivision (2) of this subsection, shall be on forms
prescribed by the Department of Public Health, provided such acknowledgment
form includes the minimum requirements specified by the Secretary of the
United States Department of Health and Human Services. All acknowledgments
and rescissions executed in accordance with this subsection shall be filed
in the paternity registry established and maintained by the Department of
Public Health under section 19a-42a.
(4) An acknowledgment of paternity signed in any other state according to
its procedures shall be given full faith and credit by this state.
(b)(1) An agreement to support the child by payment of a periodic sum
until the child attains the age of eighteen years or as otherwise provided
in this subsection, together with provisions for reimbursement for past-due
support based upon ability to pay in accordance with the provisions of
subsection (b) of section 17b-179, or section 17a-90, 17b-81, 17b-223,
46b-129 or 46b-130, and reasonable expense of prosecution of the petition,
when filed with and approved by a judge of the Superior Court, or in IV-D
support cases and matters brought under sections 46b-212 to 46b-213v,
inclusive, a family support magistrate at any time, shall have the same
force and effect, retroactively or prospectively in accordance with the
terms of said agreement, as an order of support entered by the court, and
shall be enforceable and subject to modification in the same manner as is
provided by law for orders of the court in such cases. If such child is
unmarried and a full-time high school student, such support shall continue
according to the parents' respective abilities, if such child is in need of
support, until such child completes the twelfth grade or attains the age of
nineteen, whichever occurs first.
(2) Past-due support in such cases shall be limited to the three years
next preceding the date of the filing of such agreements to support.
(3) Payments under such agreement shall be made to the petitioner, except
that in IV-D support cases, as defined in subsection (b) of section
46b-231, payments shall be made to the Bureau of Child Support Enforcement
or its designated agency and distributed as required by Title IV-D of the
Social Security Act. In IV-D support cases, the IV-D agency or a support
enforcement agency under cooperative agreement with the IV-D agency may,
upon notice to the obligor and obligee, redirect payments for the support
of any child receiving child support enforcement services either to the
state of Connecticut or to the present custodial party, as their interests
may appear, provided neither the obligor nor the obligee objects in writing
within ten business days from the mailing date of such notice. Any such
notice shall be sent by first class mail to the most recent address of such
obligor and obligee, as recorded in the state case registry pursuant to
section 46b-218, and a copy of such notice shall be filed with the court or
family support magistrate if both the obligor and obligee fail to object to
the redirected payments within ten business days from the mailing date of
such notice.
(4) Such written agreements to support shall be sworn to, and
shall be binding on the person executing the same whether he is an adult
or a minor.
(c)(1) At any time after the signing of any acknowledgment of paternity,
upon the application of any interested party, the court or any judge
thereof or any family support magistrate in IV-D support cases and in
matters brought under sections 46b-212 to 46b-213v, inclusive, shall cause
a summons, signed by such judge or family support magistrate, by the clerk
of the court or by a commissioner of the Superior Court, to be issued,
requiring the acknowledged father to appear in court at a time and place as
determined by the clerk but not more than ninety days after the issuance of
the summons, to show cause why the court or the family support magistrate
assigned to the judicial district in IV-D support cases should not enter
judgment for support of the child by payment of a periodic sum until the
child attains the age of eighteen years or as otherwise provided in this
subsection, together with provision for reimbursement for past-due support
based upon ability to pay in accordance with the provisions of subsection
(b) of section 17b-179, or section 17a-90, 17b-81, 17b-223, 46b-129 or
46b-130, a provision for health coverage of the child as required by
section 46b-215, and reasonable expense of the action under this
subsection. If such child is unmarried and a full-time high school student
such support shall continue according to the parents' respective abilities,
if such child is in need of support, until such child completes the twelfth
grade or attains the age of nineteen, whichever occurs first.
(2) Past-due support in such cases shall be limited to the three years
next preceding the filing of a petition pursuant to this section. Such
court or family support magistrate, in IV-D support cases, may also order
the acknowledged father who is subject to a plan for reimbursement of
past-due support and is not incapacitated to participate in work activities
which may include, but shall not be limited to, job search, training, work
experience and participation in the job training and retraining program
established by the Labor Commissioner pursuant to section 31-3t.
(3) Proceedings to obtain such
orders of support shall be commenced by the service of such summons on
the acknowledged father. A state marshal or proper officer shall make due
return of process to the court not less than twenty-one days before the
date assigned for hearing.
(4) The prior judgment as to paternity shall be res judicata as to that
issue for all paternity acknowledgments filed with the court on or after
March 1, 1981, but before July 1, 1997, and shall not be reconsidered by
the court unless the person seeking review of the acknowledgment petitions
the superior court for the judicial district having venue for a hearing on
the issue of paternity within three years of such judgment. In addition to
such review, if the acknowledgment of paternity was filed prior to March 1,
1981, the acknowledgment of paternity may be reviewed by denying the
allegation of paternity in response to the initial petition for support,
whenever it is filed.
(5) All payments under this subsection shall be made to the petitioner,
except that in IV-D support cases, as defined in subsection (b) of section
46b-231, payments shall be made to the state, acting by and through the
IV-D agency and distributed as required by Title IV-D of the Social
Security Act. In IV-D support cases, the IV-D agency or a support
enforcement agency under cooperative agreement with the IV-D agency may,
upon notice to the obligor and obligee, redirect payments for the support
of any child receiving child support enforcement services either to the
state of Connecticut or to the present custodial party, as their interests
may appear, provided neither the obligor nor the obligee objects in writing
within ten business days from the mailing date of such notice. Any such
notice shall be sent by first class mail to the most recent address of such
obligor and obligee, as recorded in the state case registry pursuant to
section 46b-218, and a copy of such notice shall be filed with the court or
family support magistrate if both the obligor and obligee fail to object to
the redirected payments within ten business days from the mailing date of
such notice.
(d) Whenever a petition is filed for review of an acknowledgment of
paternity of a child who is or has been supported by the state, and review
of such acknowledgment of paternity is granted by the court pursuant to
subsection (c) of this section, and upon review, the court or family
support magistrate finds that the petitioner is not the father of the
child, the Department of Social Services shall refund to the petitioner any
money paid by the petitioner to the state during any period such child was
supported by the state.
(e) In IV-D support cases, as defined in subdivision (13) of subsection
(b) of section 46b-231, a copy of any support order established pursuant to
this section shall be provided to each party and the state case registry
within fourteen days after issuance of such order or determination.