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    laineylou's Avatar
    laineylou Posts: 2, Reputation: 1
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    #1

    Jun 13, 2012, 08:27 AM
    Not the father but signed the birth certificate
    I signed a birth certificate knowing that the child was not mine I did it as I felt sorry for my ex. As her boyfriend left her when he found out she was pregnant and we have two children together from when we were married and she did ask me to do it for the sake of our girls, so they would not look on the baby as not their real sister if that makes sense. I now realize I have made a huge mistake and I want to remove my name but my ex is kicking and screaming and won't let it happen. Please can anybody advise me as what to do. I don't want to get into any trouble for perjury I just want my name of the birth cert.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jun 13, 2012, 08:31 AM
    Of course now you are paying child support for the third child and will of course be paying longer,

    Sorry you committed fraud and it is not like you though the child was yours.

    You can file a motion in court and ask for a DNA test *** IN SOME PLACES*** in other places even if you are not the bio father but sign the certificate you only have a limited amount of time to contest, In a few places you just can't contest and will be the legal father.

    You will need a good attorney in your area to hash though this. Of course since she knew you were not the father, she would be in legal trouble on the fraud on the birth certificate also.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jun 13, 2012, 09:07 AM
    Let me make an "Anatomy of a Murder" question: At the time you signed the affidavit of paternity, did you think you might be the father?
    laineylou's Avatar
    laineylou Posts: 2, Reputation: 1
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    #4

    Jul 27, 2012, 05:59 PM
    No I knew what I was doing... Just wish I had'nt felt sorry for her... She has'nt tried to get any child maintenance from me or anything but I need my name of as I feel things could become difficult later on. My girlfriend of 14 years found out what I had done and is going to leave me if I don't get my name off and she might get me done for perjury if she does... I live in england and really need help... I feel as though I'm trapped and slowly dying.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Jul 27, 2012, 10:44 PM
    What makes English law different to Continental and American systems is that it provides no means for a man to makes a binding voluntary recognition of paternity.Consequently, all presumptions based on marital status or voluntary paternity acknowledgments may be rebuted in court proceedings.THERE IS NO TIME LIMIT .

    You have to file for Paternity determination.

    Family Law Reform Act s 20- "The Court may, on an application of any party to the proceedings, give a direction for the use of blood tests to ascertain whether such tests show that a party to the proceedings is, or is not, thereby excluded from being the father of that person."



    LORD JUSTICE WARD
    LORD JUSTICE THORPE

    IN RE G (A Minor)
    No questions of res judicata have been raised before us and I say no more about that, save to say that I can understand why an issue of paternity should not be sacrificed on the altar of that estoppel, to quote the famous words of Lord Justice Salmon in the case of In re F [1960] 81 W.L.R. 1221.

    If he is the father, his position is put beyond doubt by the testing, and the justice of his position is entrenched by the destruction of the mother's doubts and aspersions. If he is not the father, no injustice is done by acknowledging him to be a devoted stepfather to a child of the family. Justice to the child, a factor not to be ignored, demands that the truth be known when truth can be established, as it undoubtedly can.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #6

    Jul 27, 2012, 10:51 PM
    Hire a solicitor/ barrister/ Queen's counsellor and file for paternity determination. If it is shown that you are not the biological father the court clerk is under obligation to inform immediately the General Register Office where the child's birth certificate will be re-registered without your name on it.

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