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-   -   Not the father but signed the birth certificate. (https://www.askmehelpdesk.com/showthread.php?t=325049)

  • Apr 28, 2012, 07:51 AM
    JudyKayTee
    Yes, it's a lie on a legal document BUT these cases are seldom, if ever, prosecuted UNLESS there was some illegal gain from the lie.
  • May 8, 2012, 09:24 AM
    knowlege 35
    My husband and I recently found out he has a 6yr old he never new about .he looks just like my husband. Another man is on the birth certifacate and owes back child support .my husband does not wish to be in this child s life nor does he wish to be on the birth certificate. If the child is his he wishes to give up his rights. And doesn't want his last name given to the child what should we do
  • May 8, 2012, 11:26 AM
    JudyKayTee
    So what is anyone asking your husband to do about the child? Pay support? Something else?

    He may not want to be the father. The last name is chosen by the mother - he has no choice in that. If it IS his child, depending on the State, yes, he could end up paying support - after a Court hearing (or battle).

    So - your husband has a child he has no intention of supporting?
  • May 21, 2012, 02:34 PM
    psychmaj
    The information you provided has been very helpful... A friend of mine signed paperwork in the hospital not knowing what he was signing because he is somewhat illiterate... when the child was one or 2 he did ask the mother for a paternity test and she said no... He was never married to the mother and had onnly been with her about a month when she said she was pregnant... He has not seen or heard from the mother or the child since the child was 1 or 2... The child is now 13! He the past couple of months he received a child support notice and has been back and forth to court about 4 times... At the first hearing he informed the judge that he has no problem paying but that he would like a paternity test... The mother has not shown up at one court hearing... At the 3rd hearing the judge ordered him to begin paying child support until the issue became resolved... At the 4th and foinal hearing which he did have a lawyer for, the judge denied the paternity test, based on the fact that he signed the birth records in the hospital... And, as I stated earlier, the mother never showed up for one hearing... Is there anything at all that he can do to get this paternity test done??
  • Jun 12, 2012, 01:59 PM
    thopkins1011
    I know of another guy that done the same and now the child lives with him he proved her unfit as a mother.
  • Jun 12, 2012, 03:15 PM
    JudyKayTee
    Quote:

    Originally Posted by thopkins1011 View Post
    i know of another guy that done the same and now the child lives with him he proved her unfit as a mother.


    - And what is your advice?
  • Jun 18, 2012, 03:44 PM
    olamae123
    30 years ago I was married to a man I had a child but my husband was not the father but he sign the birth certificate how can I get his name off the birth certificate and put the biological father on there without getting a DNA test done it's been 30 year my child is now 30.
  • Jun 20, 2012, 06:12 PM
    JudyKayTee
    Why would you do this? If the "child" wants to change his last name, have him do a legal name change.

    I don't know why you want to change a birth certificate when a person is 30 WITHOUT DNA testing. In most places the husband is the legal father unless someone objects.
  • Sep 3, 2012, 03:02 PM
    sarahrussell423
    I live in ga I later married the man that signed my daughters birth certificate as well as legitimization form we weren't married at the time she was born but are still married but have no contact biological wants rights how do I correct this huge wrong my daughter is almost three
  • Sep 3, 2012, 03:07 PM
    JudyKayTee
    Quote:

    Originally Posted by sarahrussell423 View Post
    i live in ga i later married the man that signed my daughters birth certificate as well as legitimization form we werent married at the time she was born but are still married but have no contact biological wants rights how do i correct this huge wrong my daughter is almost three


    What huge wrong? Putting the wrong man down on the birth certificate? Signing and file false papers?

    You need to see an Attorney. Were you - and he - aware that he isn't the father? No question that he's not the father. First you would DNA proof of who the father is.

    It depends on how far the bio father wants to go with this.

    I'd talk to an Attorney soon. Minimally you filed false Affidavits, and that's a felony in some States.

    EDIT: I just looked at the Georgia paperwork. Obviously DNA wasn't done when the papers were filed? And, yes, there are problems if that filing was fraudulent, same with the birth certificate. The father could claim you have kept him from the child for 3 years. I'd seek legal counsel.
  • Sep 3, 2012, 03:32 PM
    sarahrussell423
    Ha has to deny her or there is nothing I can do I'm sure he don't want to pay child support but he does adore her and what I did to her him and the bio was just not fair to any of them but the bio at the time had o desire to be apart of her life I have asked that he help me go through the steps to give her my maiden name and remove himself and that I would pay for dna but he will not respond to me on any of it
  • Sep 3, 2012, 03:36 PM
    JudyKayTee
    Quote:

    Originally Posted by sarahrussell423 View Post
    ha has to deny her or there is nothing i can do im sure he dont want to pay child support but he does adore her and what i did to her him and the bio was just not fair to any of them but the bio at the time had o desire to be apart of her life i have asked that he help me go through the steps to give her my maiden name and remove himself and that i would pay for dna but he will not respond to me on any of it


    That isn't the problem - the problem is that it appears that you filed false Affidavits concerning the father.

    The biological father adores a child he's never seen?

    You need an Attorney to get through this - you have to attempt to reverse all the paperwork that has been filed in order to have him acknowledged as the father. You can't play "you're the father, you're not the father, you're not the father but sign the birth certificate."

    You and your husband have committed fraud and the bio father can get you criminally charged if that's his choice.

    You need to get legal advice.

    He apparently doesn't want the child to have your maiden name for her last name. He apparently wants to be legally recognized as her father. He has probably gone to an Attorney and knows his rights.

    I suggest that you do the same.
  • Sep 3, 2012, 03:39 PM
    sarahrussell423
    No my husband adores her the bio isn't going to a thing to help
  • Sep 3, 2012, 03:44 PM
    JudyKayTee
    Quote:

    Originally Posted by sarahrussell423 View Post
    no my husband adores her the bio isnt going to a thing to help


    I believe your husband does love your child - but legally that means little.
  • Sep 3, 2012, 04:32 PM
    sarahrussell423
    thank you he has been in jail last 9 months i have a restraing order it's that bad and the advange of holding on to her would be to torment me i am just trying to cut ties and do wahr=t i can to make this right one day i will have to explain myself but i will take full responsibilities for myy wrongs cause i try my very best to do the right thing its just not always the rationality i come to thanks for you imput
  • Sep 3, 2012, 04:41 PM
    JudyKayTee
    Quote:

    Originally Posted by sarahrussell423 View Post
    thank you he has been in jAIL LAST 9 MONTHS I HAVE A RESTRAING ORDER ITS THAT BAD AND THE ADVANGE OF HOLDING ON TO HER WOULD BE TO TORMENT ME I AM JUST TRYING TO CUT TIES AND DO WAHR=T I CAN TO MAKE THIS RIGHT ONE DAY I WILL HAVE TO EXPLAIN MYSELF BUT I WILL TAKE FULL RESPONSIBILITIES FOR MYY WRONGS CAUSE I TRY MY VERY BEST TO DO THE RIGHT THING ITS JUST NOT ALWAYS THE RATIONALITY I COME TO THANKS FOR YOU IMPUT


    Please stop typing in caps - it's the same as screaming at me, and I don't deserve it.

    Other than that - I have no idea what you just said or the point you are trying to make.
  • Sep 23, 2012, 01:43 PM
    NewFatherPE
    Actually I'm a soon to be father and I'm in a similar position. I dated the shallow cheerleader type. She has never maintained a job, has never been able to support herself, and has never maintained long relationships. I decided that she needed to start stepping up to her responsibilities and we broke up because of it then we found out she was pregnant. I told her I would take care of the child but we shouldn't be together and she said she would find a new father that would do both. I'd rather take care of my child than put that responsibility in anyone else's hands but she says her way or the high way. Looks like I should be able to gain father rights then pursue custody for "best interest of the child" but we will find out soon. I live in GA
  • Sep 23, 2012, 03:27 PM
    JudyKayTee
    Quote:

    Originally Posted by NewFatherPE View Post
    ... I dated the shallow cheerleader type. She has never maintained a job, has never been able to support herself, and has never maintained long relationships. ...


    I protest on behalf of cheerleaders (and ex-cheerleaders) everywhere!

    Tongue firmly in cheek
  • Sep 23, 2012, 04:16 PM
    NewFatherPE
    Not all cheerleaders are shallow. One of the cheerleaders from my old high school just got her Medical Doctorate. Mine in particular just liked attention and dropped out of college to be a model
  • Sep 23, 2012, 04:41 PM
    JudyKayTee
    Quote:

    Originally Posted by NewFatherPE View Post
    not all cheerleaders are shallow. One of the cheerleaders from my old high school just got her Medical Doctorate. Mine in particular just liked attention and dropped out of college to be a model


    So there's a bright cheerleader category? Some us also got into law school.

    No problem with modeling as long as there's a backup plan - and modeling jobs.

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