He signed the birth certificate but isn't the father

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Latest post 09-14-2010 12:50 PM by Drew. 4 replies.
  • 09-13-2010 8:22 PM

    He signed the birth certificate but isn't the father

    My son is 19, an adult in Alabama, he signed the "acknowledgement of paternity" at the hospital for his "girlfriends" baby. He thought the baby was his. We did a DNA test later and found out he is not the father. He is crushed and the mom is mad that we did the test. She knew there could be another dad but never told anyone. He feels sorry for her but doesn't want to be in this picture any longer.The baby is 6 months old.

    What are the legal issues? Should we retain a lawyer to get his name removed from the birth certificate? If we do nothing, is that an agreement that he is the dad and will be required to pay child support later? We would love for her to take it to court for a paternity case but can't expect that to happen.

  • 09-13-2010 8:41 PM In reply to

    Re: He signed the birth certificate but isn't the father

    This is why you don't sign the AOP before the actual DNA test.  He may not be able to unring that bell.  He needs to consult skilled family law counsel ASAP.  If it is a done deal then he is on the hook for support until the child is 18.  

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 09-13-2010 9:03 PM In reply to

    Re: He signed the birth certificate but isn't the father

    She (Mom) doesn't have to take it to court for a paternity test, paternity was already established by your son willingly signing his name to it. Obviously, big mistake, Sorry, any young man who is not married to someone and she says she is pregnant, he should never ever sign his name to something that legally binds him to a child for the rest of his life without asking for a paternity test.

    If he does nothing, umm, he is Dad. Legally, he is Dad and as Dad, he will have to pay child support for the next 18 years and deal with Mom for that whole time. He doesn't get to just walk away because he found out he isn't Dad.  

    He needs to consult with an attorney ASAP (time is of the essence).  He may be able to try to fight the paternity by asking for a court ordered paternity test to dispute it, but usually there is a time limit to dispute it (and not sure if he can since he signed it) but he definitely cannot just sit back and do nothing.

  • 09-14-2010 12:41 PM In reply to

    Re: He signed the birth certificate but isn't the father

    If he does nothing he is the legal father and responsible for support.

    +He certainly needs tohire an attorney and file for a paternity hearing.

  • 09-14-2010 12:50 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
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    Re: He signed the birth certificate but isn't the father

    Time is critical and he has already missed one major door closing....the point is he has 60 days to change is mind and appeal  --after that it is harder--and more rule bound!  He needs counsel ASAP--and zip his mouth as well. Looks like he needs to prove fraud, duress, or material mistake of fact.

    History: New Rule: Filed February 4, 2000; effective March 10, 2000.

    660-3-11-.04 Procedure For Contesting Paternity.

    (1) Any signatory of an affidavit of paternity has the right to rescind the acknowledgment within 60 days of signing, or the date of an administrative or judicial hearing relating to the child. This is done by the rescinding party filing a motion in court.

    (2) After the 60-day period, a signed voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact. The burden of proof is upon the challenger. The legal responsibilities, including child support, may not be suspended during the challenge.

    (3) A party who has been adjudged in a paternity proceeding to be the father of a child may, except in the case of adoption, reopen the case in court upon presentation of scientific evidence that he is not the father. The Department of Human Resources will not initiate action in this type of case.

    A

     



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