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AlyssaRose · May 14, 2009, 09:21 AM

My daughter had her first child at 16. I advised her not to be persuaded by her current boyfriend to add his name on the birth certificate knowingly that he is not the father. When I left the birthing room, all was agreed but as I left he came in and I received a call two hours later that they were going to add his name as the legal father. Now after 3years and two other children from him, and the broken promises that he was going to marry her; my daughter decided to take him for child support; he is presently contesting the paternity of the first born; indicating that he did wants to waive paternal rights. I advised my daughter to seek legal counsel but she is so frustrated and hurt; I suggested that if he waives his rights; she may make me their (grandkids) legal guardian. I am the grandmother. What is your take on this? Does she has the right to move forward? Are there any legal ramification?

ScottGem · May 14, 2009, 09:37 AM

First, courts are very reluctant to grant a Termination of Parental Rights (TPR). It is unlikley he will get one. Second, depending on state laws, since he signed the birth certificate that could be considered an acknowledgement of paternity. After three years he may not be able to change his status as legal father even if a paternity test comes up negative. So he may stiull be held responsible for supporting that child.

As for you getting guardianship, why? Isn't the mother still going to have custody?

AlyssaRose · May 14, 2009, 09:48 AM

I will say yes she will continue to have custody; I was only wondering if that was a possibility.

ScottGem · May 14, 2009, 09:49 AM

The only reason someone else would have guardianship is if the mother could no longer care for the children.

MsMewiththat · May 14, 2009, 09:52 AM

What's confusing is who advised him to sign the birth certificate if he wasn't the father. Also, what was his age and if he was under 18 how does the fact that he was a juenvile play into this scenario?

AlyssaRose · May 14, 2009, 11:27 AM

No one from what I understand; definitely not my family; I advised them that this was not right... he is a very persuavive young man... and very good at it... like I said when I left my daughter in the recovery room, I was under the impression that she listened to me but he had other plans. He was 17 at the time.

And the only reason he wants to revoke his right is because he doesn't want to pay child support after building a relationship with that child.

The subject never came up prior to this action.

ScottGem · May 14, 2009, 11:33 AM

I go back to what I said. You have not mentioned the locality so we cannot cite local laws. I can only tell you that in some areas, signing the BC was an acknowledgement of paternity that can only be reversed within a statutory time frame.

Again, I suggest consulting an attorney.

AlyssaRose · May 14, 2009, 12:10 PM

Locality Illinois... and I figured that much. Thanks.

this8384 · May 14, 2009, 12:26 PM

All your daughter needs to do is file in court for child support. If the child's father contests paternity - which he may not even be able to do any longer, if the SOL has expired - then the court will order a DNA test, which he will be required to take. If he refuses to take the DNA test, he can be found in contempt and end up in jail if he continues to ignore the court's order.

ScottGem · May 14, 2009, 01:14 PM

Originally Posted by AlyssaRose

locality illinois... and I figured that much. thanks.

Ok, I did some research. The only way he could be listed on the child's birth certificate is by signing an acknowledgement of paternity. Nor does he have to be over 18 to sign it. So if he's on the birth certificate he IS the legal father.

He can sign a recission of the acknowledgement but only within 60 days, so that's out.

After that the laws are somewhat unclear. It seems the bio father can file for paternity until the child is 18. However, if that person hasn't communicated or supported the child for three years, he may have lost that right.

So its close here. He is clearly the legal father. The question is whether he can bring a paternity action to change that. My considered opinion is that he can't, only the bio father can, and it may be too late for him to do so. But I would not take my opinion as gospel here. Get a local attorney to advise.