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    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #1

    Jul 2, 2010, 10:54 AM
    What happen if the biological father is not on the b.c and hasn't taken a dna test?
    If the biological father didn't sign the birth of certificate but another man sign the birth certificate but he not the biological parent and he took the dna but the results was he is not the father but the mother of the child wants the biological father to sign his rights over in nyc and the guy who signed the birth certificate wants to adop what will happen
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #2

    Jul 2, 2010, 11:01 AM
    NewYork State Laws
    If I had a two yeard old child in nys but hasn't taken a dna test but the mother of the child wants me to sign over my rights and we aren't married but another man signed the birth certificate in ny and wants to adopt the two year old child what will happen
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #3

    Jul 2, 2010, 12:38 PM

    Might be a trick to sucker you into 18 years of child support payments.


    If your name isn't on any legal documents and someone else's is... then why do they need you to do anything for an adoption?
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #4

    Jul 2, 2010, 01:32 PM
    She told me the guy who signed the birth certificate isn't the father of the child because he took a paternity test with her. And she know its mine because of certain face features but if I sign all my rights over to the mother and wants me to let the guy adopt the child because he wants to but what will happen if I sign my rights over to the mother and let the dude adopt will I have to pay child support or anything
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #5

    Jul 2, 2010, 01:49 PM

    First off there has to be a challenge by the bio dad. Is there such a challenge? Also how long has the other mans name been on the birth certificate? And why would someone want to commit a crime like that?
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #6

    Jul 2, 2010, 01:57 PM
    The man who signed the birth certificate last name was on the certificate for two yrs in nyc
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #7

    Jul 2, 2010, 01:59 PM
    Comment on iceberg1002's post
    But the mother wants the biological father to sign his rights over and let the father who signed the birth certificate adopt the child but I will like to know how long will the adoption take in court and what will happen if he adopts
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Jul 2, 2010, 02:00 PM

    The person who is on the birth certificate is the legal father, until and unless a challenge is made by either him or the bio father.

    Therefore, if the bio father doesn't want to do anything and the legal father wants the child, nothing has to be done.
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #9

    Jul 2, 2010, 02:04 PM
    Comment on ScottGem's post
    Oh OK I like that idea but do I have to go to court because I do not want to challenge but do I have obtain any documents saying that he wants to adopt in nyc
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #10

    Jul 2, 2010, 02:12 PM

    Can you exlplain yourself? What type of DNA test was taken by the man that signed the birth certificate? Was it court ordered?
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #11

    Jul 2, 2010, 02:24 PM
    There is no challenge but she wants me to sign my rights over to her and he is willing to adopt the child but the man who signed the birth of certificate name been on there for at least two years
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #12

    Jul 2, 2010, 02:27 PM
    Comment on califdadof3's post
    I think so because they both took the dna test in court
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #13

    Jul 2, 2010, 02:33 PM

    Did the courts orders say you are now the legal father? If so his name should be stricken from the birth certificate.
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #14

    Jul 2, 2010, 02:40 PM
    Comment on califdadof3's post
    I don't know what the court said to the guy who is the legal father but I know him and the mother of the child will go back to court during July of this year
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #15

    Jul 2, 2010, 02:41 PM
    Comment on califdadof3's post
    But he willing to adopt the child and take responsibility
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Jul 2, 2010, 02:58 PM

    First, please don't use the Comments feature to post a follow-up question. That's not what its for. Use the Answer This Question options to post follow-up.

    Second, are you the one on the birth certificate or are you the bio father?

    If you are the bio father and you want to defer to the legal father, then you have to do NOTHING! He is already the legal father so he doesn't need to adopt. You are not the legal father so you have no rights.

    You need to find out WHY they went to court and WHY a DNA test was done. Without knowing that, we can't advise further.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #17

    Jul 2, 2010, 05:09 PM

    If the kid is adopted, you no longer have any parental rights or financial obligations, those would have transferred legally to the adopting parent.

    Please wait for some other answers as well, but I smell something fishy in what they are telling you.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #18

    Jul 2, 2010, 05:17 PM

    Let her get a court order for a DNA test, ( you have no choice at that point) And only a court ordered DNA test from a challenge in court takes away the other mans rights as father.

    And I would get a family lawyer in your area to review all of the written court documents and documents from her attorney asking you to sign over your rights
    iceberg1002's Avatar
    iceberg1002 Posts: 42, Reputation: 1
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    #19

    Jul 2, 2010, 05:40 PM
    Comment on smoothy's post
    Oh OK thank you very much for helping me out
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #20

    Jul 6, 2010, 06:07 AM

    Icebgerg1022: what's missing here is you haven't told us what it is that you would like to have happen? Do you want to find out for sure whether the child is actually yours? If it is, do you want to have any involvement in the child's upbringing? And do you want the financial responsibility that goes along with it? Or would you be happiest if the other man goes through with the adoption?
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