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ocharlotte · Nov 23, 2008, 04:20 PM

We are speaking of a 25 yr. old female, never married, bio. Father has custody of 5 yr old, miscarried one child later, just had another child... all by different fathers. She has told many who the child belongs to. They dated several months, he lives about 70 miles away, and has never known of pregnancy. Without notifying him, she listed "father unknown" on birth certificate. In TN, is this legal? Isn't this unfair to father, taxpayers, and especially the child itself? Should someone report and if so, who to?:eek:

Eileen1218 · Nov 23, 2008, 04:26 PM

Well, someone can report it BUT, whose going to prove it .

ScottGem · Nov 23, 2008, 04:30 PM

A because is a legal document and its against the law to falsify a legal documents. However, it may be hard to prove she did.

If you think this is unfair to the bio father, then let him know and he can file for paternity.

ocharlotte · Nov 23, 2008, 05:47 PM

Well, I'm sure a paternity test could prove of disprove it. I do not know the man personally. I have just seen what other children have gone through as they grew up wanting to know this. I am a social worker. I just think that the father should have a right to know as well as the mother. The baby carried both sets of genes. I can't help questioning the ethical side of this situation... most especially in the eyes of the child. Anyone with opinion, please let me hear from you. And WHO would you report to?

Fr_Chuck · Nov 23, 2008, 06:06 PM

If she was having sex with several people she may well NOT KNOW exactly who the father is,

And yes she can guess who the father may be, but if she is not sure, the proper thing is to put down not known, The possible fathers can then file in court to be proven the father. Also if she latter goes to get welfare she may be forced to try and find out who the father is.

There is no one to report this to, you can tell the father, so he can sue for his rights.

ScottGem · Nov 23, 2008, 07:59 PM

Originally Posted by ocharlotte

I am a social worker.

If so, how did you happen to be involved in this case? You may be required to report it if you know a law was broken.

cdad · Nov 23, 2008, 08:12 PM

I think it would fall under the DA's jurisdiction but they would have to decide how to proceed. Like has already been said if she was sleeping around at the time she may not know. And with that excuse she might just get off. Best would be to actively work to change the laws in your state. So every birth certificate MUST be filled out and any out of wedlock babies get an automatic DNA test.

ocharlotte · Nov 23, 2008, 09:14 PM

Scott... in answer to your question, I just graduated from social work last May. Many family circumstances, mostly a very sick mother, have kept me out of the job force to this point. Surprisingly, I am the grandmother of the 5 year old child whose father has complete custody. The girl actually directly told me who the father was. She said it was one of two people, but she knew who it belonged to as soon as she seen it. She said the baby would probably never get any child support anyway and decided to not even notify him. She has been frightened that she told too many people before thinking, and he might find out. I know the name, but I would not know the person if I saw him. As far as I know, this happens a lot in TN, and I don't believe there is a law against it.

ocharlotte · Nov 23, 2008, 09:23 PM

Actually... the custody case was very unusual in every aspect. The Dept. of Children's Services would have loved to give the child to the influential grandparents. They only stepped out of the case March 31. The mother never met any of the obligations toward getting the child back. I'm a little surprised that she would be allowed to take another child home in this situation.

Fr_Chuck · Nov 23, 2008, 09:30 PM

So no she did not know who it belonged to, since it could be one of two. Looking at the baby is no proof at all, it only means she thinks it is.

So there is nothing to report, since no she is not 100 percent sure who the father is, until she has a DNA test done.

There is nothing to report since the father is really still unknown, until she eithe asks for a test, The state requries a test to decide who is responsible as father, or one of the men sue for a DNA test.

ScottGem · Nov 24, 2008, 07:57 AM

I agree with Chuck. At this point she SUSPECTS who the father is, but can't be sure. So a case could be made that she did not falsify any documents.

If the mother ever applies for public assistance, however, the state will require her to name the possible fathers. The state will then require a DNA test to determine paternity and go after the father for support.

ocharlotte · Nov 25, 2008, 07:38 PM

Chuck,
She was already receiving public assistance in the form of food stamps. She now gets WIC for the baby and her food stamps were upped by 152.00 per month without any questions.

Fr_Chuck · Nov 25, 2008, 09:29 PM

Normally the state will come after the bio father for assistance, unless she just said she has no idea.

But in the end there is no proof of who the father is, one or both of the suspected fathers can go to court for a DNA test if they want to clear it up,
She is under no real obligation to prove it unless she is going after child support.