Ask Me Help Desk - Father's rights in WV

I am in WV. Does my child's biological father have rights if my husband is on the birth certificate. When my husband and I were separated I became pregnant with another man's child. We reconciled and I had the baby. If my husband took responsibility for the child and signed the certificate and pays all expenses and lives as the child's father, can he get in trouble if he knew he wasn't biological father? My husband and I have other children together. We are a stable and loving family. I wouldn't want this to cause heart ache.

Yes, it's a crime to put your name on a birth certificate if you know you aren't the father. So, yes, there could be a problm there.

How old is the child? That enters into it.

And, yes, if the biological father (following DNA testing) wants to step in, he can - in most cases.

Paying expenses and living as a family doesn't change anything.

Quote:

Originally Posted by T1974

I am in WV. Does my child's biological father have rights if my husband is on the birth certificate. When my husband and I were separated I became pregnant with another man's child. We reconciled and I had the baby. If my husband took responsibility for the child and signed the certificate and pays all expenses and lives as the child's father, can he get in trouble if he knew he wasn't biological father? My husband and I have other children together. We are a stable and loving family. I wouldn't want this to cause heart ache.

Depends on your state law. Some states allow third parties to challenge paternity even if the mother was married - others do not(I believe California is one of them). This seems to indicate that the father would have grounds to challenge paternity.

Is your husband aware that he may not be the baby's father? You seem very certain that it is not his child which makes me wonder if he's aware of it as well.

I find this to be WV law:

"Paternity fraud occurs when a man is falsely identified as the only possible biological father of a child because the mother withholds information that there may be more than one putative father.

If paternity becomes an issue, either the mother, father, or the child may petition a West Virginia court to make a determination. The petition, or lawsuit, may either be brought about by a private individual or the state."

I see no age or time limit.

Family Law: West Virginia Paternity | Free Legal Aid

Quote:

Originally Posted by JudyKayTee

I find this to be WV law:

"Paternity fraud occurs when a man is falsely identified as the only possible biological father of a child because the mother withholds information that there may be more than one putative father.

If paternity becomes an issue, either the mother, father, or the child may petition a West Virginia court to make a determination. The petition, or lawsuit, may either be brought about by a private individual or the state."

I see no age or time limit.

Family Law: West Virginia Paternity | Free Legal Aid

Actually, what both you and I posted indicates that the mother of the child, the husband of the mother or the child themselves would have to be the party to file the action. I see nothing allowing a putative father to file against a married mother - if the child was born out of wedlock, that would allow him to file.

And I agree with you, it's fraud - although I don't know that the courts will do much about it. She can always lie and say, "Oops, I got the dates screwed up" because you and I both know just how much truth actually goes around in Family Court.

Quote:

Originally Posted by this8384

Actually, what both you and I posted indicates that the mother of the child, the husband of the mother or the child themself would have to be the party to file the action. I see nothing allowing a putative father to file against a married mother - if the child was born out of wedlock, that would allow him to file.

And I agree with you, it's fraud - although I don't know that the courts will do much about it. She can always lie and say, "Oops, I got the dates screwed up" because you and I both know just how much truth actually goes around in Family Court.

I'm just not sure here how the word "father" is interpreted. The birth father? The "maybe" father on the birth certificate? I don't know.

Oh, yes, Family Court...

In WV when a child is born to a married couple, the husband is considered the legal father. Until a challenge is mounted that remains the fact.

I don't think the husband can be accused of fraud because of that. However, if the mother didn't inform the bio father of the child of his potential paternity that could provide the deception grounds for challenging paternity.

Quote:

Originally Posted by T1974

... my husband... signed the certificate and... lives as the child's father, can he get in trouble if he knew he wasn't biological father?.

Interesting question.

Quote:

Originally Posted by JudyKayTee

Yes, it's a crime to put your name on a birth certificate if you know you aren't the father.. .

Actually, the parents don't "put their name on the birth certificate". They sign another form, such as an affidavit of paternity, from which the information is gathered and the official birth certificate is compiled.

(Side note: If I could get my hands on a certain Hawaiian affidavit of paternity, I could become a rich man. Either rich or dead. :))
Here is what appears to be the current version of what he must have signed. Note that it doesn't mention anything about any danger of being prosecuted for perjury. The only clue is the jurat, which states that it is "subscribed and sworn... ".

Quote:

(a) A certificate of birth for each live birth which occurs in this state shall be filed with the section of vital statistics, or as otherwise directed by the State Registrar, within seven days after the birth and shall be registered if it has been completed and filed in accordance with this section.
...

(f) If the mother was married at the time of either conception or birth, or between conception and birth, the name of the most recent husband shall be entered on the certificate as the father of the child, unless:
(1) Paternity has been determined otherwise by a court of competent jurisdiction pursuant to the provisions of article twenty-four, chapter forty-eight of this code or other applicable law, in which case the name of the father as determined by the court shall be entered on the certificate; or
(2) Genetic testing shows that the alleged father is the biological father of the child pursuant to the following guidelines:
...

§16-5-10. Birth registration acknowledgment and rescission of paternity.

I have seen a lot of affidavits executed. It is very rare that the notary actually has the person swear.