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    citozip79's Avatar
    citozip79 Posts: 1, Reputation: 1
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    #1

    Dec 16, 2010, 10:39 PM
    Fiancé signed Birth Certificate but kid might not be his...
    My Fiancé was with a girl for a long time. She was cheating on him with all his friends. They split up for awhile and she said she was pregnant so they got back together. She said that the baby was his for 9 months. After the baby was born he was a proud father and he signed the birth certificate. Then a few months later she told him that the baby was not his. She put false charges on him and sent him to jail. And ran off with the baby. 4 years later she filed for child support. What should he do when there is a possible chance it is not his child.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Dec 17, 2010, 03:11 AM
    There are other posts here on this subject and you should search and read them all. A lot depends on the laws of your state, your ability to get a DNA test, and how good lawyers and judges involved are. But basically you are stuck being the father until you can prove otherwise, and even if you aren't the father, it may depend on where you live and the circumstances under which you signed the certificate. One maneuver is to file for custody, which might get the woman to agree to the paternity test. Take it from there, but you still might owe.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 17, 2010, 04:29 AM

    And you are getting this story from your fiancée right? Have you verified the facts? While it happens, people don't generally go to jail on false charges. Especially in domestic cases.

    ANY question on law needs to include your general locale as laws vary by area. Bu signing the birth certificate he accepted legal paternity. Depending on where this all occurred he may or may not be able to challenge that paternity. So even if it was shown that he is not the bio father he may still be the legal father. He should have done that when she first told him.

    The bottom line here is to get an attorney to represent him in the child support case. If it is too late to challenge legal paternity, he can and should certainly file for visitation.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 17, 2010, 04:59 AM

    And I will add to Scott, at worst they may be over night till they make bail if they are charged with domestic abuse or some other crime. And then charges would be dropped when they are proven to be false.

    As to the child, this will depend greatly on where you live, in some places, there is nothing he can do, since he has waited to long and he will legally be the father and have to pay support. In other places he can challenge the support in court and ask for a DNA test.
    citrozip79's Avatar
    citrozip79 Posts: 1, Reputation: 1
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    #5

    Dec 17, 2010, 06:34 AM
    Answer to Scott... Yes I know all the facts I have been best friends with him for 17 years and while all of this was going on... I was living in a different state at the time with a family of my own... I have seen all the police reports and everything... Yes he did back hand her for pulling a knife on him.. But she said that he beat her in three different rooms and so that's how he got three accounts of assault... Which was not the case... Anyway thanks for your answer it has helped out a lot... We are working on getting him an attorney... Thanks again for all the answers...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Dec 17, 2010, 06:21 PM
    [QUOTE=citrozip79;2635316But she said that he beat her in three different rooms and so thats how he got three accounts of assault.... .[/QUOTE]

    Were you there? Obviously you are taking his word for it. Just as obviously a jury did not, if he was sentenced to jail.

    But good luck with this.

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