[determinedmothe]

I had a son 1 1/2 years ago. I had the man I was with to sign his birth certificate/affidavid. The man that signed it was a poor decision on my part. The actual biological father want to have dna done so he can be known as his father and be a part of his life. Is there anything I can do as the mother to have this man tested so his real father is proven?

[ebaines]

You say the man who is the real father wants a DNA test, and then you ask how to ensure that he is tested. You both seem to want the same thing, so what's the question?

[cdad]

He needs to file if your state allows it for a paternity suit. What State are you in as some states have different rules for making a challenge.

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area.

There is another issue here. If you knew the man you had acknowledge paternity was not the father, you committed fraud. A birth certificate is a legal document and you falsified a legal document. It would be up to the local prosecutor to charge you with that crime.

Also, it may be too late as cdad said to file a challenge. You really need to consult a local Family Law attorney to get you out of this mess you got yourself into.

[determinedmothe]

I live I Ohio but I had no idea that was fraud for me having him sign it. I just didn't want my son coming into the world with no father.

[JudyKayTee]

Here's for starters - I'm surprised you didn't know. Did you read the instructions before you signed?

How to Correct a Birth Certificate in Ohio | eHow

Has the man on the birth certificate paid support, expenses, anything else? He has legal grounds to pursue you for reimbursement. These "you're not really the father" cases do not always go well for the mother.

So pursue the DNA, determine the ID of the father, change the birth certificate, pursue the father for support.

If the State/County paid ANY of the expenses in connection with the birth the State/County can look at the father for reimbursement. If they have targeted the wrong man, there will be problems.

I had one of these cases in my extended family in NY - child was 2, father did not live with the mother but he AND his family were in the child's life, and then the mother "decided" that someone else should be tested, and my family members was not the father. Why/how someone could lie like that, I have no idea. She also didn't want the child not to have a father so the family member was put on the birth certificate - being a father has nothing to do with the name on the because, by the way. There are great stepfathers, adoptive fathers, other fathers out there who are not the birth father.

[determinedmothe]

The man on the because now knew he wasn't biologically the father but he didn't care. He wanted to have have our family back together due to we have a daughter together. I had no child support ordered on the baby because me and the man were together. We supported him equally. But I did get medical support from the state.
He said my son will always be his son. Does he have to agree to the other man being tested?

[AK lawyer]

The man on the bc ... Does he have to agree to the other man being tested?

No.

But there is testing, and there is testing.

• You can get a test to satisfy your curiosity.
  
• Or if someone goes to court to prove paternity (I'm not quite certain how you envision this happening, but perhaps if you were to sue him for child support or he were to sue the man on the BC for a judicial determination of paternity), the court usually requires that testing be done according to certain procedures.

[JudyKayTee]

Has anyone told you that it's a crime to list someone who is not the father on the birth certificate?
Someone will have to pay back the benefits the child received - but I already said that.

Has the "new" father been tested? Perhaps that's an easier road. Test the man you now think is the father. He either will or won't be the father (obviously). If he is not, then test the "old" father (who is on the bc). If he's not the father, keep looking.

Then decide how to proceed - don't prove that the man on the because isn't the father. Prove that the man who is not on the because is the father.