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southamerica · Sep 6, 2011, 02:28 PM

I have a friend whose girlfriend (never married) had their son two years ago. They both signed the birth certificate and lived together for those two years.

They have recently broken up and she told him he should get a paternity test because she's not 100% that the child is his. He had no idea until now that he should ever question the child was his own.

He made sure the test he got was approved by New Mexico courts, and the test just came back negative for paternity.

My question is: what can he do? He's not the biological father, but he's on the birth certificate - does that hold any water if the mother doesn't want him to be the father?

He doesn't know yet what he's going to do but I want to know if he has any options other than just letting go of the child he's raised thus far.

Thanks.

ScottGem · Sep 6, 2011, 03:13 PM

Depending on the law, he may be able to challenge his paternity or it may be too late. I would strongly suggest consulting with a local attorney.

cdad · Sep 6, 2011, 03:26 PM

There is a time limit for challenge at 60 days after signing the birth certificate. Did he also sign an aknowlagement of paternity ?

Lawyers' Advice for Paternity Fraud | Men's Health

southamerica · Sep 6, 2011, 03:27 PM

Does that mean that he would still be the legal father if it's too late to challenge paternity?

If that's the case - then he's liable for support, right? But does that also mean he has the right to fight for custody/visitation despite what the mother wants (should she NOT want him to be the "father")?

He plans on talking to his attorney after the initial shock wears off. He just got the test back today.

southamerica · Sep 6, 2011, 03:33 PM

Dad-thank you for the article.

It's been two years since he signed so it's definitely too late to challenge. He had no idea it was necessary to challenge/get a test until 2 weeks ago when she informed him she had cheated on him.

So if this is the case, what if he doesn't want to challenge the paternity? If he still goes to court for custody, what will the court do in this circumstance... or is it an ESID thing? What if she wants to contest his rights as he's not the bio dad? Will she get into trouble having known that he might not have been the dad but she signed the affidavit et al anyway?

Sorry for the storm of questions. This guy is one of my best friends and I'm really worried about him, I just want to get some info about his situation.

EDIT: I don't think he signed anything but the BC, I asked him if he signed an affidavit and he said that they only signed the BC at birth.

cdad · Sep 6, 2011, 03:34 PM

Yes, he can fight for his rights as a father. She doesn't stand a chance so long as he doesn't mess up. From here on out he needs to watch his P's and Q's and not say anything derogatory. If he does then fighting for rights becomes much harder.

Also, even if he doesn't want to, he needs to document everything from now until it's over.

ScottGem · Sep 6, 2011, 05:36 PM

Yes, he is the legal father and since she can't do anything about that, he can enforce his legal rights. This also means she can hold him up to his legal responsibilities as well.

southamerica · Sep 6, 2011, 05:37 PM

Thank you both for your help. I'm going to pass it on to him when he's ready to talk :)

Also, thank you to whoever changed the title of my question. I was so flustered when posting this I didn't even know what to say!

GV70 · Sep 7, 2011, 09:29 AM

I am sorry but all articles about paternity establishment/disestablishment were repealed

Originally Posted by southamerica

I

He made sure the test he got was approved by New Mexico courts, and the test just came back negative for paternity.

http://www.menshealth.com/best-life/...aternity-fraud
Pretty sure it is not true for about 14 states

southamerica · Sep 7, 2011, 10:59 AM

GV70 sorry for my ignorance on the matter but if the articles were repealed what does that mean for men like my friend? What does it mean for the mother?

Thanks in advance.

GV70 · Sep 8, 2011, 06:34 PM

Originally Posted by southamerica

GV70 sorry for my ignorance on the matter but if the articles were repealed what does that mean for men like my friend? What does it mean for the mother?

Thanks in advance.

Only the God knows.
There was a very big scandal in NM some time ago about paternity establishment/child support, faked DNA tests and so on.That was the reason all articles to be repealed .

ScottGem · Sep 9, 2011, 03:16 AM

What it means is that the paternity test may not be accepted by the courts. But the issue is moot if the time limit to protest has passed.

GV70 · Sep 9, 2011, 07:17 PM

Originally Posted by ScottGem

What it means is that the paternity test may not be accepted by the courts. But the issue is moot if the time limit to protest has passed.

... or may be accepted and the PA to be interpreted as "material mistake of fact". At least 14 Supreme and Appellate courts "stripped" that time limit./including Pennsylvania, one case from Michigan and etc/.
Unfortunately the judges/in some states/ have so broad discretion nowadays.It allows similar cases to be decided in contrary ways.