If after 7 years I find out the child is not mine and its to late to vacate the acknowledgement of paternity. Can I give up my parental rights since I have no relations with the child?
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If after 7 years I find out the child is not mine and its to late to vacate the acknowledgement of paternity. Can I give up my parental rights since I have no relations with the child?
Why do that and hurt the child? Its not his/her fault! Think about the choice real hard before moving on, you may be angry... but the child is innocent.
If you are listed on the birth certificate, it can depend. In the US in some states if you are listed on the birth certificate and do not contest it over a number of years, then you lose your right to contest it. But in most states all you have to do is prove it by DNA and then you don't have to give anything up, since after you prove you arenot the father, you have no more rights at that point basically
I agree in part and disagree in other... Fr_Chuck,would you like to give us an example where the court allowed contests when there was no other man who was willing to take the responsibilities to the child... The courts in all 50 states ALWAYS use Res Judicata or Equitable estopel to prevent paternity disestablishments when the biological father is out of scene and mother does not like to disclose who the biofather is because she does not know who he is or she prefers to collect more money from the duped "father"...Quote:
Originally Posted by Fr_Chuck
The court is interested in child support ONLY.
I have posted some cases and I only repost the conclusion:
The glaring problem I see with this decision -- it encourages a defrauding mother to do the best job she can to make sure the defrauded man has NO doubts that the child is his. It's almost as if this decision encourages sublimely executed deception -- if you trick him thoroughly, the jurists seem to say, we'll guarantee that you get your child support payments for the next 18 years.Remember, the man here has been emotionally devastated by learning that a child he has bonded with and raised as his own is not his (though the courts often characterize the relationship prior to the discovery as "enjoyment" for the man in order to mitigate the crime of the mother).
Several US states have time frames where you can contest paternity, merely not being the father proven by DNA tests is not enough to allow a man to ask for his rights and obligations to be taken away. Asking for the rights of visitation and custody can normally be withdrawn, but not the obligations of child support. Now in the US this is a very small amount of states, but in those after their contestment period, merely proving though DNA is not enough, they are still treated from a legal aspect as the legal father.
This has been a real issue with father rights groups and men rights groups but since all of this is handled by state law and the federal government has failed to address this, they still have these for the protection of the child, so that after a child is attached and a man has been the father for a number of years, he will be held responsible as the father.
Do you currently pay support? What does not having a relationship mean, I assume you don't see him or visit.Quote:
Originally Posted by sam9176
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