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My husband is not the biological father of his daughter, but he signed the birth certificate. The mother of the child will not let my husband see his daughter, and has recently gone for child support. He refuses and I mean refuses to pay for her. Is there any way to do a paternity test in order to aviod paying any support. Or is there any way to NOT pay support. The money will just go to the LAZY mother who has no job.
Ok-some additional information,please!
What kind of informationQuote:
Originally Posted by amk
How old is the child? Why did he sign the BC? What state do you live in?
Where do you live/ it is important because states law varies/,how old is the child,when,where and why your husband signed the birth certificate and etc
WOW-You leave me behind with 10 seconds:DQuote:
Originally Posted by ScottGem
We live in Ohio, and the child is nine years old. He signed the BC when she was nine months old as a way to "show his love" to his ex wife (the mother). She is telling everybody who she thinks the father really is. My husband knew that he was not the father because the child was already six months old.
So he was married to her at the time and voluntarily signed the BC. In all likelihood, then he has voluntarily assumed paternity and cannot get out of it. This means he could be held responsible for child support.
You need to consult an attorney who can help you navigate through this mess.
Even if she knows who the biological father is?
There are a number of other threads here that deal with similar issues. The laws in most states hold that a child born to a married couple are given the assumption that the husband is the father unless contested at birth. By voluntarily signing the BC, the husband effectively acknowledges paternity and the law automatically awards it to him. For all intents and purposes he is now the legal father and responsible for the care and upbringing.
If he signed the birth certificate he is acknowledging that he is the "father" of the child... by signing the birth certificate is accepted all parental rights and obligations. Since he signed the birth certificate he will be ordered to pay support should she go for it. He would have to request a parternity test, that will be at his cost. Once the results of the paternity test come back, and if he is not the father, he will be removed from the birth certificate and have no parental rights... that includes no right to see the child as well.
If he has doubts that, that child is not his then no matter what he can get a order for paternity there is no court in hell that is going to make a person pay for a child that is not there's. Just because he signed the BC doesn't mean anything. He prob signed the BC because before he thought he could have trusted his X wife, not it seems that he can not. So all he has to do it potition her into court and ask the judge for one, and they WILL grant him one and then they go from there. If the child IS his then he will have to pay support, but if the child IS NOT his then he WILL NOT have to pay her a dime.
My sons father signed the BC and then after that about 4months later he didn't think that my son was his for some stupid reason, so he brought me to court for a paterney test, and the judge granted it to him. Made himself look like a dumb a$$ but things will work out for you. Don't worry. Tell him to go to court and talk to the judge, and they WILL help him.
Ohio Revised Code
3111.02 Establishing parent and child relationship.
(A) The parent and child relationship between a child and the child's natural mother may be established by proof of her having given birth to the child or pursuant to sections 3111.01 to 3111.18 or 3111.20 to 3111.85 of the Revised Code. The parent and child relationship between a child and the natural father of the child may be established by an acknowledgment of paternity as provided in sections 3111.20 to 3111.35 of the Revised Code, and pursuant to sections 3111.01 to 3111.18 or 3111.38 to 3111.54 of the Revised Code. The parent and child relationship between a child and the adoptive parent of the child may be established by proof of adoption or pursuant to Chapter 3107. Of the Revised Code.
3111.03 Presumption of paternity.
(A) A man is presumed to be the natural father of a child under any of the following circumstances:
3) An acknowledgment of paternity has been filed pursuant to section 3111.23 or former section 5101.314 of the Revised Code and has not become final under former section 3111.211 or 5101.314 or section 2151.232, 3111.25, or 3111.821 of the Revised Code.
(B) A presumption that arises under this section can only be rebutted by clear and convincing evidence that includes the results of genetic testing, except that a presumption that is conclusive as provided in division (A) of section 3111.95 or division (B) of section 3111.97 of the Revised Code cannot be rebutted. [An acknowledgment of paternity that becomes final under section 2151.232, 3111.25, or 3111.821 of the Revised Code is not a presumption and shall be considered a final and enforceable determination of paternity unless the acknowledgment is rescinded under section 3111.28 or 3119.962 of the Revised Code. If two or more conflicting presumptions arise under this section, the court shall determine, based upon logic and policy considerations, which presumption controls.
An acknowledgment of paternity is final and enforceable without ratification by a court when the acknowledgment has been filed with the office of child support, the information on the acknowledgment has been entered in the birth registry, and the acknowledgment has not been rescinded and is not subject to possible recission pursuant to section 3111.27 of the Revised Code.
3111.26 Effects of final and enforceable acknowledgment.
After an acknowledgment of paternity becomes final and enforceable, the child is the child of the man who signed the acknowledgment of paternity, as though born to him in lawful wedlock.If the mother is unmarried, the man who signed the acknowledgment of paternity may file a complaint requesting the granting of reasonable parenting time with the child under section 3109.12 of the Revised Code and the parents of the man who signed the acknowledgment of paternity, any relative of the man who signed the acknowledgment of paternity, the parents of the mother, and any relative of the mother may file a complaint pursuant to that section requesting the granting of reasonable companionship or visitation rights with the child.
3111.28 Action rescinding acknowledgment.
After an acknowledgment becomes final pursuant to section 2151.232 , 3111.25, or 3111.821 of the Revised Code, a man presumed to be the father of the child pursuant to section 3111.03 of the Revised Code who did not sign the acknowledgment, either person who signed the acknowledgment, or a guardian or legal custodian of the child may bring an action to rescind the acknowledgment on the basis of fraud, duress, or material mistake of fact. The court shall treat the action as an action to determine the existence or nonexistence of a parent and child relationship pursuant to sections 3111.01 to 3111.18 of the Revised Code. An action pursuant to this section shall be brought no later than one year after the acknowledgment becomes final. The action may be brought in one of the following courts in the county in which the child, the guardian or custodian of the child, or either person who signed the acknowledgment resides: the juvenile court or the domestic relations division of the court of common pleas that has jurisdiction pursuant to section 2101.022 or 2301.03 of the Revised Code to hear and determine cases arising under Chapter 3111. Of the Revised Code.
Have you ever heard about ESTOPPEL, LACHES and Statutes of Limitation?Maybe not... There are hundred thousands men who pay child support for kids who iare not their notwithstanding their wishes to stop the paying... and many of them are prisoned because they do not want to pay for kids they are not fathered.And just because he signed BC it means that he is the legal father of this child in the government's eyes with all duties and obligations.Have a look here: PaternityFraud.com Official Website and here USATODAY.com - Men wage battle on 'paternity fraud' and here http://gv70.files.wordpress.com/2007/07/06-415.pdf -The decision reaches a result by saddling a person with a past-due support debt when that person has never claimed to be the father of the child and when he has been found, after paternity tests, not to be the biological father... or here Dad wasn't dad after all, but still owes child support | csmonitor.com A DNA test revealed that his 3-year-old son had been fathered by someone else. The Court said he must continue to pay $1,200 a month in child support because he had missed the one-year postdivorce deadline for filing his lawsuit. His court-ordered payments would total more than $200,000 over 15 years to support another man's child.Quote:
Originally Posted by Foxy459459
And many many many other stories:( :( :( :( :( :(Neither government nor court are interested in who pays-they are interested in someone to pay.
[QUOTE=Foxy459459]If he has doubts that, that child is not his then no matter what he can get a order for paternity there is no court in hell that is going to make a person pay for a child that is not there's. Just because he signed the BC doesn't mean anything. He prob signed the BC because before he thought he could have trusted his X wife, not it seems that he can not. So all he has to do it potition her into court and ask the judge for one, and they WILL grant him one and then they go from there. If the child IS his then he will have to pay support, but if the child IS NOT his then he WILL NOT have to pay her a dime.
QUOTE]
He WILL have to pay child support... he signed the birth certificate! A birth certificate is not just another meanless piece of paper... it acknowledges the person signing it as the father... that person is LAWFULLY accepting all rights and responsibilities for that child. He is the presumed father until proven otherwise.
If he wants a paternity test, he is going to have to pay for it... (I went through this in Ohio)... because he accepted the child was his by signing the birth certificate he is going to have to be the one that tries to prove otherwise... until then he will be responsible for child support.
Even if the paternity test shows he isn't the father, he is still responsible because he accepted paternity. Unless he can prove some fraud was perpetrated on him, he's responsible.
You may be right Scott... I was just going on my case... she said she was in Ohio, as am I... my daughters father tried to say he wasn't the father... and he signed the birth certificate (he knew he was the father he was just trying to make me angry) but anyway when we went to court the judge ordered a paternity test before they would start any hearings for child support.
One of the questions GV and I asked was how the child was. This has a bearing on the issue. There is a statue of limitations on how long the father would have to reverse the acknowledgement of paternity. Read what GV has posted. It opened my eyes too.
Yeah I read it... and like I said, you may be right... I just know my daughter was over 2 when we were in court and all that happened...
Maybe I just had a crappy judge haha!
No,you had not a crappy judge.One of Ohio's legislation problems is that the judge is obligated to order DNA tests anytime /till child's 18 year of age/but the results do not have absolute value:( Balancing tricks!! ;) The father can be- "legal","biological","social","emotional","support " and etc and for the Court/government,society/ it is important who the legal father is... but to be a legal father does not mean to be a biological father/for example-all adoptive fathers are not biological ones but this fact does not mean they are NOT fathers,right?In other way the society and the court have to say them that they are only"third" parties and important caretakers but not fathers/It is the same with s.c. PATERNITY ACKNOWLEDGMENTS.The Court will not allow both an adoptive father and an acknowledged father to leave their obligations only because they splitted off the mothers.Quote:
Originally Posted by macksmom
The legislation has provisions for rescinding PA but the legislation requires FRAUD,DURESS and MATERIAL MISTAKES.
This guy signed PA because he was interested in what was under the mother's panties.That was VOLUNTARY act -not fraud or duress.And it has been for NINE years.I can see the odds are in his favor only if the biofather wants to act as a father.
Honestly-piss me off.Many people are concerned to their RIGHTS but they forget about the rights are relevant to the OBLIGATIONS and also awarding rights for one individual often means to cut the rights of other one... And here is the second question-Does this guy have to be held liable before the law and to be answerable for his behavior?
The PA was signed with his knowledge of the true situation.Was it fraud or not?. following of "Does the biological father have right to sue him for fallse allegiations and emotional damages?"Married to the mother and signed the PA means he intentionally cut all father-child relation between the child and his father.
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