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    tierneysmama's Avatar
    tierneysmama Posts: 2, Reputation: 1
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    #1

    Dec 5, 2011, 11:27 AM
    Signing the birth certificate but, not the biological father
    My fiancŽ and I got together when I was pregnant and he asked to sign my daughters birth certificate since the biological father did not want anything to do with her. Now in the past few months the father has gotten a hold of me and wants to be involved and is now taking me to court for visitation! How much trouble can I get to for my fiancŽ signing my daughters birth certificate? Thanks
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Dec 5, 2011, 11:32 AM
    It's a crime for either one of you to swear to false information, which is the case with a birth certificate.

    The father will request DNA testing. The child, the father and your fiancé will be tested.

    The Court may - after lecturing you both - order that the birth certificate be changed. Keep in mind, though, that you have both committed a fraud.

    Different Judges have different "spins" on this.
    tierneysmama's Avatar
    tierneysmama Posts: 2, Reputation: 1
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    #3

    Dec 5, 2011, 11:37 AM
    Thank you! I was not sure and was not sure that I could get in trouble and if I do it is worth it since, my daughter will grow up knowing that she had a dad who loved her not a mom who got with the wrong man who walked away!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 5, 2011, 11:37 AM
    It will be up to the court and also perhaps how big a issue the bio father is going to make of this.

    Most likely if the bio father has not be denied any visits the judge will give you and the man a stern warning about the law and respect of it. Of course this is a serious fraud and can be prosecuted as such in criminal court also. So anything from a fine to even jail time is possible.

    As a side note, the bio father can also use this if he wants to try and show you were attempting to keep the child from him and use it to attempt to get better visits or joint custody.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Dec 5, 2011, 02:45 PM
    Now I'm a little confused - your daughter is most likely going to grow up with the birth father in her life. I don't see a Court NOT allowing him visitation and, if the Court is upset enough, custody - because you lied.

    The fiancé? He has no say in any of this UNLESS you get married, are in a stable marriage and he wants to adopt her AND the birth father is willing to sign his consent.

    Did you understand the various advice you've received?
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