Jayson Lutzky

A teen mom’s petition to rescind her affidavit of parentage was rejected by an upstate New York judge because it was not in the best interest of the child, as reported by the New York Law Journal in an August 9th, 2012 article.
The teen claimed that at the time of the affidavit she was very hormonal and emotional and misidentified the father of her child. In the affidavit she sworn that the father was a boy she met online, who also signed the affidavit saying he was the father. However, the teens did not meet until roughly half way through the young mother’s pregnancy.

The affidavit was only signed after the child was born and the teen mother went to reside with the teen father. Upon signing the affidavit the boy’s mother petitioned and was awarded joint-custody of the child. Thereafter the teen couple had a falling out which resulted in the mother moving out.
The young mother sought to rescind her sworn affidavit on the grounds that it was signed under fraud since there was no way the teen father could have truly been the father. Under New York family law an affidavit of parentage may be rescinded within 60 days if the court finds it was done so under fraud, duress, or mistake of fact. However the judge ruled that the time limit had passed, since it had been 21 months since the signature date, and it was not in the best interest of the child.

If you are seeking divorce or child custody it is advisable to retain the expertise of an experienced attorney. Jayson Lutzky has over 29 years of experience practicing law and understands the importance of understanding new legal developments. He offers free initial consultations—to set one up, please call his office at (800) 660-5299 or visit www.MyNewYorkCityLawyer.com.