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    ProudFatherLA's Avatar
    ProudFatherLA Posts: 5, Reputation: 1
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    #1

    Jul 10, 2009, 08:38 PM
    Im not the father, should I be worried?
    Hello to everyone. I'm new to this site so bear with me... I need advice. Me and my wife are divorcing and are the proud parents of one baby girl, but she had another child from a relationship she had during our separation and my name had to be listed on the birth certificate (its one of the laws in our state). She has filed child support against the bio father and received dna results back from the courts showing him as the father, she's been reassuring me that I won't get a support order against me for this child, but somehow that doesn't make sense to me. I mean Im ON the birth certificate.

    I am going to have a disestablishment of paternity done soon as possible. The time limit in my state is one yr so I have time but my questions are:

    1.) Is my soon to be ex wife right that they can still go after the blood father? Or do I need to disestablish paternity asap?

    2.)Also does anyone know how much a disavowal could run you? And how long does it take to go in effect?


    Thank you so much in advance.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #2

    Jul 10, 2009, 08:51 PM

    How old is the child and what state are you in?
    ProudFatherLA's Avatar
    ProudFatherLA Posts: 5, Reputation: 1
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    #3

    Jul 10, 2009, 09:20 PM
    The child turns 7 months on the 19th of this month and I live in Louisiana.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #4

    Jul 11, 2009, 07:39 AM
    Quote Originally Posted by ProudFatherLA View Post
    The child turns 7 months on the 19th of this month and I live in Louisiana.
    So long as you're the legal father then you're the one responsible for the child. Until you get that changed you're the one that should be paying child support.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #5

    Jul 11, 2009, 07:45 AM
    Get the disestablishment as soon as possible. That way there's no question and no mix-up. Then the bio father will be held responsible for supporting the child that is his. But you'll still have to pay support for the daughter you had with your soon-to-be ex-wife.
    ProudFatherLA's Avatar
    ProudFatherLA Posts: 5, Reputation: 1
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    #6

    Jul 15, 2009, 01:02 PM

    Just an update, I talked to my attorney on today and he told me I NEED the disavowal or else she can go after support based on "dual paternity" (only Louisiana has this) and get support from BOTH me (the legal father) and the ex (the bio father), and that neither one of us is off the hook, UNLESS I do the disavowal way before this thing hits the courts for her child support order against him. It will run me 700 bucks but that is nothing compared to paying for 18 yrs. Luckily my soon to be ex wife is agreeing to sign it with me with no argument therefore it saves any hassle and soon as its filed support will be ordered to the bio father only. Just an update for anyone in Louisiana with this similar situation.

    Oh also the time for me to do this wouldve ran out in five more months due to the baby would be one yr. You have either one yr from when the baby is born or if you lived separate for a period of or exceeding 300 days before child was born you have one yr from the time you had knowledge the child was not mine (yours). I found out by DNA testing the same month the child wasn't mine. I hope this helps someone.

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