[Dockrelld]

If a declaration of paternity was signed at birth but a DNA test shows negative to the man being the father can that man then be removed from the child's birth certificate and can the child's last name then be changed?

[Fr_Chuck]

Depends on the country and if the US, the state. In a large amount of areas, yes, if he challenges the paternity within the listed rules or guildelines, and test NEG, he will end his monthly payments

[ScottGem]

ANY question on law needs to include your general locale as laws vary by area.

You didn't give us enough info to answer your question. Besides location we need to know how old the child is, how long the self proclaimed father has acted as the father, whether the real father wants to challenge paternity, etc.

[Dockrelld]

I live in California in San Diego, CA. My child is 5 years old. This man was only in her life for the first year and has recently since June of this year started his visitations with her. The legit father does not have anything to do with the child nor is he fit to care for a child.

[ScottGem]

I live in California in San Diego, CA. My child is 5 years old. This man was only in her life for the first year and has recently since June of this year started his visitations with her. The legit father does not have anything to do with the child nor is he fit to care for a child.

Ok, this is still unclear. So you are the mother? The man who acknowledged paternity was active the first year, and only recently started visitations? The bio father has nothing to do with the child?

If that is the case, under CA law, I believe the window of opportunity for the bio father to challenge paternity has passed. So the legal father (who acknowledged paternity) remains the legal father.

[Dockrelld]

Ok, this is still unclear. So you are the mother? The man who acknowledged paternity was active the first year, and only recently started visitations? The bio father has nothing to do with the child?

If that is the case, under CA law, I believe the window of opportunity for the bio father to challenge paternity has passed. So the legal father (who acknowledged paternity) remains the legal father.

If the legal father is constantly asking for a paternity test and I have that test done would I be able to remove him from the birth certificate and have his right removed.

[ScottGem]

If the legal father is constantly asking for a paternity test and I have that test done would I be able to remove him from the birth certificate and have his right removed.

Please reread my answer.

42 USC § 666 (a)(5)(D)(iii), requires that each state adopt “Procedures under which, after the 60-day period rescission period has expired, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger, and under which the legal responsibilities (including child support obligations) of any signatory arising from the acknowledgment may not be suspended during the challenge, except for good cause shown.’

However, under CAL. FAMILY CODE §§ 7575(b) & (c) the time frame is still limited for bringing such a challenge. This time limit is spelled out in the California Code of Civil Procedure Section 473 and is generally less than 2 years.

(see http://www.clasp.org/admin/site/publications/files/0333.pdf)

Since the child is 5 it would appear the time frame has past.

[cdad]

Did he know the child was not his when he signed it or did you tell him the child was his? Were you married to this man?