View Full Version : Father signs birth certificate then turn around and takes paternity test
Leyluhboo
Nov 4, 2013, 07:51 AM
My baby is 10 weeks old my boyfriend signed her birth certificate knowing 3 months earlier she possibly was not his not to mention he father her for 7 whole weeks. Last week I found out he went behind my back and took an in home paternity test and its saying she is not his. Can he still be liable to pay child support?
smoothy
Nov 4, 2013, 08:20 AM
Not if its not his... in fact the court will order a DNA test to establish paternaty. Why should he pay support for a child that isn't his? You would go after the other guy and collect from him once its established who the real father was. Otherwise the real father would be getting off scot free.
It was actually smart that he did do a test. Nothing wrong with raising someone elses child, many people do (adoption, step children...etc)...as long as you know for a fact it is or isn't yours going into it.
Fr_Chuck
Nov 4, 2013, 08:39 AM
A home test is not binding in court, so at this point, he is still legally the father.
But when child support is filed, he can ask for a court ordered DNA test and ask for it to be changed. Or he can challenge it in court now.
Leyluhboo
Nov 4, 2013, 08:49 AM
What I don't understand is he knew she most likely she was not his child and still signed her birth certificate willingly. Why would you do that if your not willing to take full responsibility for her now and then to still father her for 7 weeks afterwards it just does not make sense
smoothy
Nov 4, 2013, 08:51 AM
That signature means very little these days... since DNA testing can prove beyond any shadow of a doubt if someone is or isn't one of the parents.
After only a few months why should a man who didn't father the child be expected to be financially responsible for the next 18-21 years ..and why don't you want to go after the man who actually did make you pregnant?
I wouldn't want to pay for someone elses child either just because I dated the mother for a few months, that might be half of everything he earns for the next two decades.
Why aren't you going after the actual father to support it? You know who it might be. A DNA test will prove it is or isn't.
It makes perfect sense. He is protecting himself by taking that paternity test. He is protecting his future. If this child is not biologically his, he should not be held legally responsible to her, or you.
In actuality, he did not "sign the birth certificate," he only signed the Affidavit of Paternity and was named as the legal father by the Department of Vital Statistics.
Leyluhboo
Nov 4, 2013, 09:08 AM
The other guy who potentially could be her father was a one night stand and I did get in contact with him to ask for a paternity test now all I can do is hope for the best. The crazy thing is my daughter looks dead on like her illeged father not the guy I had a one night stand with what so ever but well see
Looks don't mean a thing.
ScottGem
Nov 4, 2013, 09:42 AM
People have second thoughts. Its not surprising that he changed his mind and decided to confirm paternity. Maybe someone was advising him that he needs to protect his rights. And yes, if he isn't the father he may be able to get out of paying support.
Synnen
Nov 4, 2013, 10:10 AM
I would also like to point out that the child should have the right to know its biological heritage.
I think it is irresponsible for parents to lie about that to make themselves look or feel better
joypulv
Nov 4, 2013, 10:49 AM
Tender feelings wax and wane. Sure, it's easy to feel all warm and loving at first. Maybe after that last diaper, or the crying at 2 am, is when 18 years of dreary responsibility hit him, who knows. Maybe someone suggested it to him. Maybe he won't be able to tear himself away from her as she grows. Maybe he will hit the road.
There's no point in asking total strangers WHY. And why doesn't even matter.
Leyluhboo
Nov 4, 2013, 03:15 PM
Ok but do blood types count? Me my boyfriend and the child all have o+ bloodtypes the other guy has ab+ blood type. If I'm not mistaken an ab parent cannot produce an o child right?
dontknownuthin
Nov 4, 2013, 03:47 PM
Depending on where you live, he could be considered the presumed father until he proves that he is not. So probably what would happen would be that you would petition for child support, he'd say, "hey, not the father", the court would order a DNA test and find out he's not the father, he'd be off the hook for support.
If I were you, if he doesn't want to be the father, and he isn't the biological father, let it go. He doesn't owe you anything. I would suggest you get honest about who the father really is or might be, and find out. Your child deserves to know and to be supported by two parents. You need to get the birth certificate corrected as well, which will probably require a court order.
joypulv
Nov 4, 2013, 04:14 PM
You should have mentioned the blood types.
You are right, an AB+ cannot father a O+.
SO:
1. Mr. AB is lying or mistaken
2. You, your partner, and the child need to be typed again
3. Your partner needs to have a real DNA test done!
Given that the odds are starting to lean towards your partner, all this discussion can be put on the back burner!
Leyluhboo
Nov 4, 2013, 04:22 PM
Thank you joypulv that's what I've been trying to tell my partner I want that court ordered dna test because I know for a fact all 3 of us have the same blood type his in home dna test is not legit and that's what he's going off I hope by the end of this week I can get what I've been waiting to prove him wrong
joypulv
Nov 4, 2013, 04:36 PM
Many times a man feels unloved, unwanted, not desirable when a baby is born.
Don't forget that, even if you all prove he's the father.
On the other hand, it isn't easy to be a mother and a sexy wife and a housekeeper!
He needs to understand that part too.
It's all a delicate juggling act, and a lot of compromise and a lot of communication are required so that it doesn't fall apart.
Leyluhboo
Nov 4, 2013, 04:41 PM
Yes sir not to mention he was upset I was going to the gym every day super motivated to get back in shape and I have to say I sure did look good in that sexy halloween outfit because I worked my butt off. O and did I mention the reason why he's out of the picture now is because I found out he had feelings for my 17 yr old cousin... Yeeeaahh
joypulv
Nov 4, 2013, 05:14 PM
Did you mention he's out of the picture?
No, gee, you sort of forgot that, while calling him your 'boyfriend' and saying he 'went behind your back' and why why why would he change his tune.
These add on facts and surprises and 180s are getting to be a bit much.
CurlyTwo
Nov 9, 2013, 09:59 AM
If his name is on the birth certificate, he is liable to pay the Child Support.
smoothy
Dec 23, 2013, 10:11 AM
I don't know where you get the idea because if a guys name is on the birth certificate he's automatically liable for child support. Only the court determines who is liable and who will pay as well as how much they will pay. There are many men who signed one thinking they were only to find out they were not the father. That's why DNA tests are commonly part of any paternaty suit and child support... while there are cases when a guy might be on the hook even if he isn't... (like if he raised them as his own for a number ov years) Any case where its not long after the birth the DNA results will trump any signature on a piece of paper when they are not the same. As that would otherwise imply the biological father would be gettign off scott free at someone else's expense.
ScottGem
Dec 23, 2013, 10:32 AM
Just putting a man's name as the father is not sufficient to make him liable. However, if he signs the birth certificate, that is considered an acknowledgement of paternity. Either way, if the father decides to challenge paternity then a test will be done, but if he doesn't, then the signing will probably be considered an acknowledgment.
Leyluhboo
Dec 29, 2013, 01:28 PM
Thank you scott my ex boyfriend to this day has not tried to take his name off my child's birth certificate or go to child support services to get a paternity test done to finally exclude himself. So many people have told me just to wait and after 2 yrs supposidely he's considered the father is my understanding regardless so that's what I'm planning to do