There are several ways to challenge paternity. First, if paternity was established by filing a voluntary acknowledgment of paternity form, then either party may rescind the form provided they do so within 60 days of filing it.
The second method to challenge paternity comes into play if more than 60 days have elapsed since paternity was established. The Court will set aside paternity at this point only if “fraud, duress, or a material mistake of fact” occurred.
Fraud, duress and material mistake of fact are specific legal terms that should not be confused with their ordinary meanings. That is, although the legal terms are similar to their ordinary meanings, specific elements of a pre-written definition must be established before a court will agree that fraud, duress or material mistake of fact occurred in a legal sense.
For example, fraud is defined as “(1) the declarant falsely represented a material fact; (2) the declarant knew that the representation was false; (3) the misrepresentation was made with the intent to induce the recipient to act or refrain from acting; (4) the recipient justifiably relied on the misrepresentation; and (5) the recipient was damaged by that reliance”. State ex rel Dep’t of Human servs. v. W.C., 216 Or App 137. All elements must be proven in order to demonstrate fraud.
The law firm of Bobzien McGuire specializes in all aspects of domestic relations, including paternity matters. To learn more about our firm call (503) 245-0894 or visit our website at PortlandFamilyLaw.com.