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northcarolina11 · Nov 28, 2011, 11:20 AM

My son is 3years old and the man that's on the birth certificate is not the father and I'm having a hard time proving that because he has went to file for temporary custody of him and I wasn't present in court because my son had just had surgery. Its has been very hard trying to get this overturned because I don't have an attorney and the legal aid is not taking any custody cases right now, please help me if you can because I really want my son back.

joypulv · Nov 28, 2011, 11:27 AM

What state are each of you in, where did he file, and where was your son born?
How do you know he isn't the father and why is he on the BC as the father?
Was a DNA test done?
What is the current status of court orders?
Has he been paying support?
Why is he filing for custody?

northcarolina11 · Nov 28, 2011, 11:28 AM

The man that's on my child's birth certificate is not his biological father and has temporary custody of him. The man that is his father is refusing to take a d.n.a test because he doesn't believe he is his and I know for a fact that he is and I really need him top take the test so I can get my son back. So how can I get him into court or get the man that is on paper to take a test? Child support can not help me, and I can't afford a lawyer.

JudyKayTee · Nov 28, 2011, 11:34 AM

For starters it's a crime to put the name of someone who is NOT the father on the child's birth certificate. You have committed a fraud.

How did someone get custody of your child? It has to be more than his name on the birth certificate.

You go BACK to Court, ask for the return of your child and ask the Court for the "man" to take DNA testing. The Court doesn't care who the father is. The Court cares who the father ISN'T - and that's the man who has custody.

You do not need an Attorney to go to Court and prove paternity.

JudyKayTee · Nov 28, 2011, 11:35 AM

Answered on your other thread. Posting the same question more than once does NOT get better answers.

It's also helpful if you post the same information in every question.

northcarolina11 · Nov 28, 2011, 12:05 PM

I was sure he wasn't the father when I was pregnant and he was also told this, the man that is his father was not stepping up to the plate so he signed the birth certificate. My son was conceived in nc, he stays in sc, and I'm in nc. He had no reason for taking any kind of action, I moved on and didn't want to be in a relationship with him anymore and that's when everything started happenind. The paper just states that it is a temp order, and he gets to decide on visitation.

northcarolina11 · Nov 28, 2011, 12:09 PM

Well I have been to child support and they have told me that if he is not denying my child and my child is staying with him then I can't pursue him for paternity. And granted I should have been smarter about the situation when my child was born but he was also aware of this so I didn't keep it a secret and just let him sign his because, his real dad just didn't want to step up so the other guy stepped in because we were together.

JudyKayTee · Nov 28, 2011, 02:06 PM

Originally Posted by northcarolina11

I was sure he wasnt the father when i was pregnant and he was also told this, the man that is his father was not stepping up to the plate so he signed the birth certificate. My son was conceived in nc, he stays in sc, and im in nc. He had no reason for taking any kind of action, i moved on and didnt want to be in a relationship with him anymore and thats when everything started happenind. the paper just states that it is a temp order, and he gets to decide on visitation.

And, as I said on your other thread, you committed a crime. That does not make the Court want to help you now.

SO HOW DID HE GET CUSTODY? There had to be grounds.

AK lawyer · Nov 28, 2011, 11:34 PM

Originally Posted by northcarolina11

... the paper just states that it is a temp order, and he gets to decide on visitation.

A temporary order would be until a complete trial on the petition can be scheduled. Has a further hearing been scheduled?

ScottGem · Nov 29, 2011, 04:53 AM

First, I've merged your two threads since they bear on the same issue.

We need to get the details straight here. It doesn't matter where your son was conceived, where was he born? His birth certificate was issued by what state? The man who is on the birth certificate is his legal father until a court rules otherwise. How to get a court to rule otherwise will depend on what laws apply.

So you allowed your son to visit with the legal father and on one of those visits he filed for and obtained an order of temporary custody. Do you have a copy of that order? Are there conditions for making the order permanent? Is there a hearing scheduled for making it permanent?

How far away do you live from each other? Since the Carolinas share a border, you may not be that far away.

Confirm these details and we can try to help further.

joypulv · Nov 29, 2011, 07:32 AM

You took off with 'our son,' not 'my son' as you keep saying.
Fathers are getting more and more rights, and the man who has him is the legal father as stated above. Your plan would be best served by first getting help from a legal aid group, a pro bono lawyer at a regular law firm, or a law school, and second getting your finances and home in good order to show you deserve joint custody. If you have any arrests or anyone can show you don't have the ability to care for the boy, you absolutely need a lawyer. Is there anything about you that has prompted him to keep the boy? There's no need to hide it here; we don't know you. (Don't shoot me for asking, please.)

JudyKayTee · Nov 29, 2011, 07:34 AM

Originally Posted by joypulv

You took off with 'our son,' not 'my son' as you keep saying.
Fathers are getting more and more rights, and the man who has him is the legal father as stated above. Your plan would be best served by first getting help from a legal aid group, a pro bono lawyer at a regular law firm, or a law school, and second getting your finances and home in good order to show you deserve joint custody. If you have any arrests or anyone can show you don't have the ability to care for the boy, you absolutely need a lawyer. Is there anything about you that has prompted him to keep the boy? There's no need to hide it here; we don't know you. (Don't shoot me for asking, please.)

Good luck, Joy, getting a direct answer. There is SOME reason there is an order, although it may/may not be termporary, that the father has custody of the boy.

We are advising based on half a story.