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    Bill Gates's Avatar
    Bill Gates Posts: 6, Reputation: 1
    New Member

    May 16, 2008, 08:50 PM
    I have to prove what?
    So you are say that I still have to get a DNA test to prove this? Even if she state it in her petition that I'm not the father and there is a sperm donor? I have to motion the court to have my name removed plus not be responsible. What right do I have to a child that's not even mines by blood. Just by some @#$%^& paper!! This is crazy...
    tawnynkids's Avatar
    tawnynkids Posts: 622, Reputation: 111
    Senior Member

    May 16, 2008, 09:06 PM
    Bill, ask this question on your original post so that people can answer you knowing the other information you have provided. Thanks! :)

    You may think it's crazy however, you allowed your name to be put on the piece of paper that named you as the father. So, you in essence said "I realize this is not my baby yet I will agree to be the named father". So, yes you will have to disestablish your paternity. However, the court may still not allow you to do that because you already agreed to it for whatever reason. Claiming you are the father of a child especially when you know you are not is a serious decision the court may not necessarily allow you to change that now just because you have decided you changed your mind. You made a commitment to that child why would you be so surprised that he court may expect you to keep that commitment, especially when there is no one to take your place except the state?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,305, Reputation: 7692

    May 16, 2008, 09:17 PM
    Yes, you signed (not knowing if you knew at the time or not) but if you signed knowing you were not the father, that is actually fraud , not that they will do anything but you were cheating the real father from his rights. If you did not know, then you needed to challenge the birth certificate.

    But yes, you are the legal father, in fact in some US states, if you are listed and do not challenge it within a time frame, even if you prove you are not the father, you still have to pay.

    But when you signed the birth certificate that obligated you to many things, one is child support.

    But you should be getting an attorney at a point of divorce anyway, but most certainly need one to fight the paternity.

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