Time is critical and he has already missed one major door closing....the point is he has 60 days to change is mind and appeal --after that it is harder--and more rule bound! He needs counsel ASAP--and zip his mouth as well. Looks like he needs to prove fraud, duress, or material mistake of fact.
History: New Rule: Filed February 4, 2000; effective March 10, 2000.
660-3-11-.04 Procedure For Contesting Paternity.
Any signatory of an affidavit of paternity has the right to rescind the
acknowledgment within 60 days of signing, or the date of an
administrative or judicial hearing relating to the child. This is done
by the rescinding party filing a motion in court.
(2) After the 60-day period, a signed
voluntary acknowledgment of paternity may be challenged in court only on
the basis of fraud, duress, or material mistake of fact. The burden of
proof is upon the challenger. The legal responsibilities, including
child support, may not be suspended during the challenge.
(3) A party who has been adjudged in a
paternity proceeding to be the father of a child may, except in the case
of adoption, reopen the case in court upon presentation of scientific
evidence that he is not the father. The Department of Human Resources
will not initiate action in this type of case.