[aerolf]

My fiancé is searching for an answer to this question. When his ex (A registered Crow Indian) was 8 months pregnant they separated as she was taking Oxycotin while pregnant. When his daughter was born they were not together and his name is not on the birth certificate. Out of the goodness of his heart he has been regularly sending child support payments (not mandated). Now his ex has registered his daughter with the Crow tribe with a false father (her boyfriend). My fiancé is now wondering what he can do to set things straight for his daughter. He is willing to take a paternity test and is outraged by her fraudulent activity. It is not possible for anyone else to be the father.

[Credendovidis]

Is it really worth it to squabble about this any further? Just accept that the mother decided otherwise, that the new boyfriend accepted the child as his own, and that the new situation is best for the child. I suggest that hubby should drop all contacts and payments from this moment onwards. Hard, but better on long term for all involved.

:)

[starbuck8]

Thumbs up to your fiancée and yourself, for wanting to take responsibility, and do the right thing on behalf of the little girl who can't speak for herself.

I would check into how to go about getting a court ordered paternity test. Your fiancée deserves to have his name on the birth certificate, for legal and moral reasons.

Go to the court house, and inquire how you go about doing this in your area. Your fiancee's daughter has a right to know, and spend time with her biological father. After paternity has been decided, you would want to file for court ordered visitation, and/or custody, seeing as the mother was on drugs while carrying his child. This may be a long process with the court system, but it's well worth it for the well being of the child.

Good luck!

[aerolf]

Thanks so much Starbucks8. The main issue right now is that The daughter and mother (and false father) live in Montana on the Crow Agency reservation and my fiancé and I live in Illinois (so in order to go to the courthouse we have to go to Montana, which is what we plan on anyways). We're also concerned about the tribal precedent and legal ramifications of the mother not only falsifying the birth certificate but the application and statement of paternity for enrollment of the daughter into the tribe.

Also: Any ideas regarding statute of limitations to file charges on the basis of paternity fraud?

[starbuck8]

It may be a little sticky when you are dealing with the enrollment of the daughter into the tribe, but the fact remains that your financee is the father, if it is proven by a paternity test. I really don't know the laws of that state, and I'm not a legal professional, but as far as I am aware, there would not be a statute of limitations with someone falsifying paternity papers. She is your fiancées child, and he has the same rights as the mother.

[aerolf]

I appreciate your assistance and encouraging words. Wish us luck :)

Anyone with further information please feel free to post as I'll be checking this over the next few weeks as well, while we get things rolling.

[starbuck8]

I appreciate your assistance and encouraging words. Wish us luck :)

Anyone with further information please feel free to post as I'll be checking this over the next few weeks as well, while we get things rolling.

I'll wish you good luck, and hope you have a good outcome! :)

[starbuck8]

Is it really worth it to squabble about this any further? Just accept that the mother decided otherwise, that the new boyfriend accepted the child as his own, and that the new situation is best for the child. I suggest that hubby should drop all contacts and payments from this moment onwards. Hard, but better on long term for all involved.

:)

This is a matter of the legality of parental rights! This child is his flesh and blood, and he has every right to pursue this matter legally, and to apply for legal visitation, and/or shared/full custody. The mothers boyfriend is has no legal rights in this situation. The child has every right to grow up knowing her biological father! For him to give relinquish his parental rights, will only be hurtful and detrimental to his child, period! So many men are willing to just let another man take care of his responsibilities, and it is refreshing to see someone that is willing to fight for his rights! God Bless him for not being a deadbeat Dad, and actually stepping up to the plate!

[mitchellmom]

Many states have a putative father registry. The state in which the child was born is the proper place to call and get started.