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?

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

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.

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?

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.

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.

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?" (http://www.rcfp.org/taping/)

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 (http://health.groups.yahoo.com/group/DadsHouse/)
GiveKidsAChoice : Bird Nest Custody (http://tinyurl.com/GiveKidsAChoice)
Fathers & Families (http://www.fathersandfamilies.org/)
Parental Alienation and Parental Alienation Syndrome Home Page (http://www.parentalalienation.org/)

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.

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?

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:(:mad: I don't remember ever asking her about it, but she told me. So on that note yes he has to pay the alimony.

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 that's 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.

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:(:mad: I dont remember ever asking her about it, but she told me. So on that note yes he has to pay the alimony.



Alimony has nothing to do with child support.

This is a March 2009 thread - not sure the OP has come back.

Maybe it's time to close.

My son and his girlfriend had a baby a year ago. He signed birth certificate and declaration of parentage. They just broke up , she filing for support. He never had a dna done, so he got one done. Results came back he is not the biological father. What do we do to get his name off certificate

What if u signed birth certificate and parental rights? How can u get taken off

Plowing... you are better off starting your own thread rather than piggybacking on someone else's where its #1 a Different issue, and #2 less likely to be addressed.

I am looking on ifomation about a friend putting his name on his parteners birth certificate as the dad and is prepeared to look after the child. But her biological dad has returned after leaving her mum when she told him she was pregnant. Will he have any rights??

Yes, if he's the biological father he has rights. He will probably have to go to Court to exercise those rights, though.

Your "friend" is committing a crime if she knowingly puts someone's name on because, knowing that person is NOT the father.

I don't know but I will get back to this I am going threw the same myself I was married to my wife since 2008 and in 2010 she cheated on me and got pregnant, and had that child and that made me question my forst child so I'm going to take a dna test and I hope he is mine but if he is not I wonder will I have to pay child support or will I be held responsible forced by the court system or do I have a choice cause I would have believed my son was mine until the recent incident.

Can a divorced woman change the name her child's father by the man's name that she is going to marry?

Where?

In Ohio can a man get into trouble with the law for signing a birth certificate when he knew the child was not his.

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.

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

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?

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??

I know of another guy that done the same and now the child lives with him he proved her unfit as a mother.

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?

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.

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.

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

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.

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

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.

No my husband adores her the bio isn't going to a thing to help

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.

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

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.

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

... 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

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

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.

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