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I was wondering if a man has signed over his rights does he still have to pay child support.
I also have another questions:
If a man has signed a recognition of parentage but there was no DNA test to prove he was was the father, can he still request a DNA test to establish paternity.
Thanks
Quote:
Originally Posted by nativewoman48
He can't sign over his rights. How does he plan to accomplish this?
Depends if paternity is acknowledged by the Court - he would have to go Court and request DNA testing.
He can sign something, but it would not be effective except in connection with an adoption.Quote:
Originally Posted by JudyKayTee
In any event, unless an adoption has occurred, yes, he still is obligated to pay child support. "Rights" are not the same as "duties", as in duty to pay child support.
That would be up to the judge. The court may reasonably concude that if he has said he is the father, in writing, under oath, there is no need to re-visit the issue.Quote:
Originally Posted by nativewoman48
Can he request DNA test he just found out that the mother was with him and with another man at the time she got pregnantQuote:
Originally Posted by AK lawyer
Not enough info,
1. is a father listed on birth certificate
2. what if any court orders are in place now
3. what current court motions are pending.
A man can not just sign over his rights, does not work like that, and normally except for adoption he is still liable for child support.
If there is current court action and paternity is not proven, he can ask for a DNA test though the courts.
https://www.revisor.leg.state.mn.us/statutes/?id=257.75
This indicate he can revoke his acknowledgment within 60 days. If he feels he might not be the father, he should contact an attorney.
He signed a recognition of parentage when the child was born, and he has found out that the mother was with another man around the same time.Quote:
Originally Posted by Fr_Chuck
Do you mean a current child support order, and yes there is, so what you are saying is that even though he signed the recognition of parentage he can still request a DNA test because there was not one done and he suspect another man is the father.
No. Quite the opposite, actually. See the statute to which ScottGem linked in Post #7.Quote:
Originally Posted by nativewoman48
"...
Subd. 3.Effect of recognition.
Subject to subdivision 2 and section 257.55, subdivision 1, paragraph (g) or (h), the recognition has the force and effect of a judgment or order determining the existence of the parent and child relationship under section 257.66. If the conditions in section 257.55, subdivision 1, paragraph (g) or (h), exist, the recognition creates only a presumption of paternity for purposes of sections 257.51 to 257.74. Once a recognition has been properly executed and filed with the state registrar of vital statistics, if there are no competing presumptions of paternity, a judicial or administrative court may not allow further action to determine parentage regarding the signator of the recognition.
..."
Quote:
Originally Posted by nativewoman48
Would you answer my question - how has he signed away his rights?
Thanks for you answer, but I have gotten my answer no other reply needed
Have a good day
I'm glad you feel your question has been answered. However, the decision to continue to respond to the thread is not yours to make. You can choose to ignore further responses if you choose.
The question on how he thinks he can or has signed over his rights is pertinent since he could be laboring under the wrong idea if he thinks he has.
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