Revoking a Paternity Acknowledgment in North Dakota
In North Dakota, the law provides a specific process for revoking or rescinding a paternity acknowledgment. This process is governed by the North Dakota Century Code sections 14-20-17 and 14-20-18.
Procedure for Rescission
According to section 14-20-17 of the North Dakota Century Code, a signatory may rescind an acknowledgment of paternity or denial of paternity by commencing a proceeding to rescind. This must be done before the earlier of:
- Sixty days after the effective date of the acknowledgment or denial, as provided in section 14-20-14; or
- The date of the first hearing, in a proceeding to which the signatory is a party, before a court to adjudicate an issue relating to the child, including a proceeding that establishes support.
The effective date of the acknowledgment or denial is either the birth of the child or the filing of the document with the Department of Health and Human Services, whichever occurs later.
Procedure for Challenge
If the sixty-day period for rescission has passed, a signatory may challenge an acknowledgment of paternity or denial of paternity under section 14-20-18 of the North Dakota Century Code. This challenge can be made only on the basis of fraud, duress, or material mistake of fact. The challenge must be commenced within two years after the acknowledgment or denial is filed with the Department of Health and Human Services.
Legal Responsibilities During Challenge
During the pendency of a proceeding to rescind or challenge an acknowledgment of paternity or denial of paternity, the court may not suspend the legal responsibilities of a signatory arising from the acknowledgment, including the duty to pay child support, except for good cause shown (section 14-20-19).
Burden of Proof
In a proceeding to challenge an acknowledgment of paternity or denial of paternity, the party challenging the acknowledgment or denial has the burden of proof (section 14-20-19).
Conclusion
In conclusion, revoking a paternity acknowledgment in North Dakota is a legal process that requires adherence to specific procedures and timelines as outlined in the North Dakota Century Code. It is advisable to seek legal counsel to navigate this process effectively.