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scaredWI · Oct 6, 2010, 02:28 PM

OK so here's the deal, I just found out ( and by just I mean 2 days ago) that I have a 15 year old daughter. I was never told about this child until now, I don't remember the mother and she has gotten married as so have I. the child was born, no listing of a father on the BC but when the mom and her boy friend got married they filed some paperwork and got the child's name changed to his last name. I am not sure if they filed a "Voluntary Acknowledgement of fatherhood/ PaternityPis it legal for a stepfather to file a voluntary acknowledgement of paternity without contacting the bio dad first" or not or if it was something else. Like adoption or what not... question is, Is it legal for them to file this with out my consent or did they just commit a serious crime. I have been getting mixed comments from attorneys here and now I caught in a pickle with my family and this now.

Sorry if this sounds mean to anyone here but I believe the child's "father" is who she's been raised by the past 15 years as I have raised 3 kids from my wife (not mine) as my own for the past 13years. My wife is contimplateing divorce now because she does not like the mom for personal reasons and I only want to keep my family close.

ScottGem · Oct 6, 2010, 03:19 PM

Without knowing exactly what transpired we can't say whether anything illegal happened or not. Generally the bio father does have to be contacted or at least attempted to contact before someone else can be declared the legal father.

But it appears you are willing to let the mother's husband be the father so what is the issue? And why would your wife want a divorce because of relative stranger? There appears to some things you are leaving out.

scaredWI · Oct 7, 2010, 05:07 AM

Hi Scott, well I'm not really leaving much out of the situation. It's exactly what's happened, out of the blue I find this out. My problem is that the bio mom used to live 2 blocks away for multiple years and still never said anything to me. She has talked to my wife before even mentioning to me about a whole lot from what I'm just starting to find out, which bugs me as well since I think I should have been the one to bring it up to my wife... but as far as why my wife is thinking that way, she has told me its nothing to do with the child or the fact it was before we met. It has eveything to do with who the mother is and her past reputation of sleeping around I guess. My wife knew her growing up since they were in the same town, I grew up about 50 miles away and didn't know either of them and as I said (I think) before, I don't even remember touching the mom or baically anything else.

Fr_Chuck · Oct 7, 2010, 05:44 AM

It could be that they filed in court for adoption and could not find you? And the child was adopted by step father.

And of course it is not uncommon for the step father ( or boyfriend) to claim paternity even if he is not. Or even sign the birth certificate also. ( while not legal, seldom is anything done)

ScottGem · Oct 8, 2010, 03:53 AM

I'm sorry but you are leaving a WHOLE lot out. Have you had a paternity test to confirm your paternity? What were the circumstances that you were told you were the father? Do you have any copies of the legal paperwork where the step father became the legal father? Do you know for a fact that he is the legal father, if so How? How long have you been married?

There is still lots more details here. Nor have you made it clear what you want to do about this.

AK lawyer · Oct 8, 2010, 07:04 AM

Originally Posted by scaredWI

... is it legal for a stepfather to file a voluntary acknowledgement of paternity without contacting the bio dad first" or not or if it was something else. like adoption or what not.... question is, Is it legal for them to file this with out my consent or did they just commit a serious crime. ...

Originally Posted by Fr_Chuck

...And of course it is not uncommon for the step father ( or boyfriend) to claim paternity even if he is not. Or even sign the birth certificate also. ( while not legal, seldom is anything done)

Crime? Come on people. The woman found out she was pregnant. He had previously had sex with her. The only thing he did wrong was premarital sex. That's not a crime. Is he supposed to get a paternity test before he signs the birth certificate? I don't think so.

cdad · Oct 8, 2010, 06:16 PM

Originally Posted by AK lawyer

Crime? Come on people. The woman found out she was pregnant. He had previously had sex with her. The only thing he did wrong was premarital sex. That's not a crime. Is he supposed to get a paternity test before he signs the birth certificate? I don't think so.

According to the OP the birth certificate is unsigned. And the paperwork they had filed was associated with the name change. We don't really know what was signed or who signed anything yet.