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-   -   Non-biological father wanting to sign off rights so the biological father (https://www.askmehelpdesk.com/showthread.php?t=397420)

  • Sep 17, 2009, 07:57 PM
    woody470
    Non-biological father wanting to sign off rights so the biological father
    I was pressured into signing as the father to my now ex girlfriends baby, she's now back with the biological father and we're trying to find out how I can sign the rights over so that the biological father can have rights of his baby. How would we go about signing off my rights, and would anything happen to me?
  • Sep 18, 2009, 05:37 AM
    JudyKayTee

    Depends on the State - you and the new boyfriend also would need DNA testing (if you can, in fact, remove your name from the birth certificate) because the Courts have little patience for "I'm the father, no, I'm the father."
  • Sep 18, 2009, 07:00 AM
    woody470

    He did the DNA test and the results came back that he was the biological father
  • Sep 18, 2009, 07:02 AM
    JudyKayTee

    What State?
  • Sep 18, 2009, 07:08 AM
    woody470

    Connecticut
  • Sep 18, 2009, 10:15 AM
    stevetcg

    Was the DNA test court ordered? If so, it would have to have been part of a paternity hearing establishing his rights.

    If he is pushing to become the legal father, chances are you will have little to do with the process if you don't want to contest it.
  • Sep 18, 2009, 11:14 AM
    woody470
    No it wasn't court ordered. How would I be able to go about that because I live in another state and I don't have the means to get down there to do anything.
  • Sep 18, 2009, 11:21 AM
    stevetcg
    Quote:

    Originally Posted by woody470 View Post
    no it wasn't court ordered. how would i be able to go about that because i live in another state and i don't have the means to get down there to do anything.

    I suppose the most important question is what does the biological father want to do with all of this?

    Its his right to request paternity. The other option is that the mother file for child support and you refuse based on paternity. You will be ordered to take a DNA test and if found to not be the biological, you can request to be removed from the B/C.

    Furthermore, you can request to disestablish paternity.

    Chapter 4. PATERNITY LITIGATION

    Is there some sort of child support that you are ordered to pay? If you being the legal father is not creating a problem, there is no rush to get it changed is there?
  • Sep 18, 2009, 11:28 AM
    woody470

    He wants paternity of her, and I guess she's pregnant again by him.
  • Sep 18, 2009, 11:33 AM
    stevetcg
    Quote:

    Originally Posted by woody470 View Post
    he wants paternity of her, and i guess she's pregnant again by him.

    Really, the ball is in his court then. He need to go to court and request paternity and modification of the birth certificate.

    It's a million times easier if he does it.
  • Sep 18, 2009, 11:36 AM
    woody470

    So all he'd have to do is take the results and let them know what's up
  • Sep 18, 2009, 11:56 AM
    stevetcg
    Quote:

    Originally Posted by woody470 View Post
    so all he'd have to do is take the results and let them know what's up

    The results are only for personal information. He can frame the results or throw them out. A court will order its own test.

    So basically he just needs to go let them know what he wants. A lawyer would make it easier for him, but really, its not necessary.
  • Sep 18, 2009, 12:10 PM
    woody470

    Would anything happen to me?
  • Sep 18, 2009, 12:18 PM
    stevetcg
    Quote:

    Originally Posted by woody470 View Post
    would anything happen to me?

    You would receive a summons telling you what was going on and giving you the option to appear/contest it.

    But nothing bad would happen... you didn't do anything wrong.
  • Sep 20, 2009, 12:36 PM
    GV70

    Sec. 46b-168. (Formerly Sec. 52-184). Genetic tests when paternity is at issue. Assessment of costs. (a) In any proceeding in which the question of paternity is at issue the court or a family support magistrate, on motion of any party, may order genetic tests which shall mean deoxyribonucleic acid tests, to be performed by a hospital, accredited laboratory, qualified physician or other qualified person designated by the court, to determine whether the putative father or husband is the father of the child. The results of such tests, whether ordered under this section or required by the IV-D agency under section 46b-168a, shall be admissible in evidence to either establish definite exclusion of the putative father or husband or as evidence that he is the father of the child without the need for foundation testimony or other proof of authenticity or accuracy, unless objection is made in writing not later than twenty days prior to the hearing at which such results may be introduced in evidence.

    (b) In any proceeding in which the question of paternity is at issue, the results of such genetic tests, whether ordered under this section or required by the IV-D agency under section 46b-168a, shall constitute a rebuttable presumption that the putative father is the father of the child if the results of such tests indicate a ninety-nine per cent or greater probability that he is the father of the child, provided the petitioner has presented evidence that sexual intercourse occurred between the mother and the putative father during the period in which the child was conceived.

    (c) The costs of making tests provided by this section shall be chargeable against the party making the motion, provided if the court finds that such party is a low-income obligor, as defined in the child support guidelines established pursuant to section 46b-215a, or is otherwise indigent and unable to pay such costs, such costs shall be paid by the state.
  • Sep 20, 2009, 12:48 PM
    GV70

    There is another way but you can check it with a lawyer in Connecticut.The mother,father and you have to go to the Court where you have to sign denial of paternity and the father to sign acknowledgment of paternity.It works in Pa,Ny and some other states.Honestly-no one is interested who will be listed as a father merely a father to be listed...

    /UNIF. PARENTAGE ACT §§ 301 to 305. For the acknowledgement to be valid, the mother
    And the man claiming to be the biological father must sign an acknowledgement of paternity and
    The presumed father must sign a denial of paternity. Id. This process is binding on all parties./

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