My son's father got married to a woman who was already pregnant. She convinced him to sign the birth certificate when the baby was born so they would have the same name. The baby is now a year old and they are getting divorced. Will he be required to pay child support even though this is not his biological child?

atl30

from much experience with the court systems, unfortunately since he did sign the birth certificate he may have to pay child support because he is the one named on the certificate, unless he gets a paternity test to prove he is not the biological father and then the court may then remove his name from it

Fr_Chuck

yes at this point he will. And in some states he may have to pay even with a DNA test. Some states will not allow a challenge after a certain time frame.

asking

Are you sure he's not the father? I would not take him at his word at this point.

It is not necessary for him to be on the birth certificate for the baby to have his name. So I feel it's POSSIBLE your married boyfriend has invented a reason to satisfy you.

Also, how old is your son? Was he born before or after this other baby?

quietgirl

I know he is not the father. He met her after we broke up when she was already 6 months pregnant. Our son is three.

DoulaLC

It may depend on where they live. Since he signed the birth certificate knowing the child was not actually his, that can play a significant role and he may find it difficult to change things.

If he had signed it thinking the child was his, only to find out later it wasn't, that would be a different story.

He should look into the laws of where you are regarding paternity, birth certificates, and legal responsibility.

GeorgeMcCasland

This fully depends on your particular state laws. He should request a DNA test. If it's refused, go for custody. The mother is still allowed to use it to prevent custody, but she forfeits any child support claim. Here's what he needs to know.

♥♥♥♥♥♥♥
I’ve been a Father’s Rights Advocate for 20 years.

Many think the courts are rigged against dads, but in reality, it is more about attorneys unwilling or lacking the knowledge to truly fight for the father's rights. This is why it is important to learn how to interview and hire the right attorney. It is also important to do as much as possible on your own and not pay the attorney to do it.

Part of the problem with getting your rights knowing what to do to prove your case, and how to remind the judge of their responsibilities. Let me start with the judge.

Always take people with you to court who are not there to testify. Make sure they are sitting where the judge can see them, each equipped with a tablet and pen to take notes. It’s best to use a Court Watch Form designed for this purpose. I have one in the manual at Dads House.

If the judge is not doing his job, using the info from this form, you can, appeal, and/or get the judge sanctioned and removed from the case. You file a complaint with the State Supreme Court at your state capital.

Start keeping a daily journal of all your activities. The most common way to prevent a father from getting his rights through the courts is a false allegation, usually sexual. Over 60% of divorcing father are accused of child sexual abuse, of which only 4% are found to have any relevance, but there are no penalties for doing so. A daily journal is your number one piece of evidence in court and you can even refer to it while on the stand.

Gather evidence. Check the site below to see if it is illegal to record conversations without the other person knowing. If your state does not have a law either way, than it defaults to the federal ruling which says one person in a conversation must know they are being recorded. You’re that one person. In Missouri it is specifically legal, in Kansas there is no mention either way. If you live in two different states, and one has a law against it, than it applies when the call originates from within that state,
"Can We Tape?"

Now, you can't just record, you also have to transcribe it into the daily journal.

If you want to learn how to do all this go to Dads House in Yahoo Groups. There's an educational manual in the file section that can teach you what you need to know. Take the time to learn what you can and should do.

DadsHouse : Building a Shelter for Fathers/Children
GiveKidsAChoice : Bird Nest Custody
Fathers & Families
Parental Alienation and Parental Alienation Syndrome Home Page

Murraystate

I hate to say this, but I think he will have to pay as well. My friend's ex wife got pregnant by another man, that man died in a car crash and when the baby was born instead of putting the child's father's name she actually signed my friend's name. he is now paying child support for his two children and the child who's father died. he has tried to take it to court, but they said his name is on the birth certificate so S.O.L.

on the flip side... the child does need a father, specially if "he" has been playing father already. maybe he should keep that relationship.

bornoutofaffair

yes he would have to pay childsupport. I am born out of an affair where my mother cheated on Steve with his best friend who is my bio father. I learned this when I was the age of 10 I dont remember ever asking her about it, but she told me. So on that note yes he has to pay the alimony.

smoothy

Dumb move signing that.....just like legal adoption....when the signature goes on the line...you bought it, lock stock and barrel for all its worth.

Do I think its right forcing a guy to pay for a kid thats not biologically his own?...NO...and a resounding no. But my opinion does not make law. The biological father should be forced to pay. And except in the case of rape...the woman know who she slept with....DNA will prove which one completed the task.


But in many cases he would likely get shafted having to pay.....even if he didn't sign it.