Biological father wants child

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Latest post Wed, Jan 18 2017 12:22 PM by ca19lawyer2. 16 replies.
  • Mon, Jan 16 2017 12:41 AM

    • Nicholi
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    Biological father wants child

    I just found out that a child is mine. He is 5 yrs old and i want to make him offically mine and start being the father as i feel iv been robbed of that oppertunity for the past 5 yrs.  There has been a "father" the whole time, he signed the birth certificate but didnt do a paternity test. I would like to know what will happen with the "father" and the mother in the ways of child support for the past 5 yrs when I do a legal paternity test and it reveals that i am the biological father. Also will I have to pay any money as I have just recentley found this out? Im not trying to dodge anything, I just want to be a father and as i stated before, feel i was robbed of that for the past 5 yrs. Can the child be mine? or is the fact the "father" signed the birth certificate count me out completley? Any information would be indeed helpful as I have no idea what to do, I really just want to have my child and be a father.

  • Mon, Jan 16 2017 5:51 PM In reply to

    Re: Biological father wants child

    Nicholi:
    There has been a "father" the whole time, he signed the birth certificate but didnt do a paternity test.

    Was this man ever married to the mother, and if so, when (in relation to the child's birth date)?

    Here is a link to Utah Code 78B-15-204 and another link to Utah Code 78B-15-607.

    I'm not a lawyer, but my understanding of those two sections of law is as follows:

    If the man who signed the birth certificate was married to the mother when the child was born, or was married to the mother 300 days or less before the child was born even though the marriage was then terminated before the child was born, then you cannot get parental rights against the wishes of that man and the mother.  The courts won't even look at a paternity test.

    If, as you say, the man agreed to be listed as the father on the child's birth certificate and he and the mother got married AFTER the child was born, then you'd have to convince the court that this man and the mother of the child "neither cohabited nor engaged in sexual intercourse with each other during the probable time of conception" before you'd be allowed to present any genetic test results to prove paternity.

  • Mon, Jan 16 2017 6:16 PM In reply to

    Re: Biological father wants child

    I don't know whether you'd be expected to pay any back child support if the court decides you are the legal father.

    Here's a link to a child-support calculator on the website of the Utah Department of Human Services.  To figure out your obligation going forward (assuming you do become the legal father), you'd have to know the answers to all the questions, including the mother's current income.

  • Mon, Jan 16 2017 6:36 PM In reply to

    Re: Biological father wants child

    BTW, how did you find out that the child is yours?  Beware the possibility that you are being manipulated by someone who may not have your best interests at heart.  Also be aware that if the child loves this man who signed the birth certificate, your stepping in and pushing the other man out could be devastating to that young child, who may hate you for it.

  • Mon, Jan 16 2017 7:14 PM In reply to

    • Nicholi
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    Re: Biological father wants child

    The "father" and mother were never married, me and the mother dated those years ago and recently (6 months or so) have crossed paths in a much more romantic way than ever before. She said she had doubts and thoughts about the child being mine so we did a mail in paternity test just as kind of a why not see type of thing. Mouth swabbed myself and the child and it came back 99.99%   I did have sympothy and thoughts for the "father" but overtime learned that he is not fit for that position at all and I know the child doesn't care for him deeply, cuz he cries to his mother that he hates going with him everytime he has to go to his "fathers" for a weekend.

    The man had the child for 3 days and didn't bath him or even change his clothes, this is not the only time that has happened and it fills me with rage that anyone would do that to a child. He puts pictures of his girlfriends kids online and nothing of "his" son. Over the time that I've known I've paid alot more attention to how this guy is and carries himself. And I'm not perfect by any means, but it's mind boggling what I've witnessed this so called "father" do as a parent or an individual. He's young and acts very immature... he acts like the child is a burden on his life and doesn't put forth the effort in raising or taking care of the child as I feel any parent should.

    I'm not worried about if I have to pay money or not, I would empty my bank account to have my child know who is father is. My concern was mainly about what would happen between the mother and this guy and if she will have to pay him what he has paid even though he was offered a paternity test at the hospital at time of birth and he refused and signed the birth certificate. I don't feel they can force me to pay as I didn't even know the child existed for 5 yrs, but I will do what must be done no questions asked.

  • Tue, Jan 17 2017 7:30 AM In reply to

    Re: Biological father wants child

    Mom needs to see an attorney. I am confused if Mom was not married to this man how is he the legal father and how does he have visitation? ? Did he sign the birth cert? If this DNA test is accurate then you and Mom need to slowly work on explaining to the child however if this other man is the legal father you are going to have some problems. Has this other man been told of the DNA? This DNA test is probably not legally standing, which may present another problem.

    BTW this is mostly moms fault. Dont just blame the other guy. Mom knows who she slept with and had to have known you could be the father. This poor kid is now caught in the middle. No child support has to be paid unless the court orders you too.

  • Tue, Jan 17 2017 7:49 AM In reply to

    Re: Biological father wants child

    OK, if they were never married then it looks like under Utah law he is the declarant father, not the presumptive father, so the two sections of law in my previous reply don't apply.

    Since the child is 5 years old, the man almost certainly put his name on the birth certificate more than 4 years ago.  That means that according to Utah Code 78B-15-307 you can no longer challenge his status as the legal father by relying only on your genetic test results.  The only two ways you can displace this man as the legal father are (1) if he voluntarily agrees to file the necessary papers to give up his parental status as described in Utah Code 78B-15-305 or (2) you somehow show a court that he obtained his legal fatherhood through fraud or duress.

    As I said before, I'm not a lawyer so I could be wrong about this, but I read 78B-15-305 to mean that the mother shouldn't have to return any child support this man has already paid her, but you could be on the hook to pay up to 4 years' worth of back child support if he hasn't been paying.

  • Tue, Jan 17 2017 8:49 AM In reply to

    Re: Biological father wants child

    Nicholi:
    The "father" and mother were never married, me and the mother dated those years ago and recently (6 months or so) have crossed paths in a much more romantic way than ever before. She said she had doubts and thoughts about the child being mine

    I think the way this woman has behaved so far should worry you. Have you asked her why she did not contact you when she was pregnant?  Are you sure she didn't engineer your meeting 6 months ago as part of a plan to get money out of you?  Have you personally seen that the child "cries to his mother that he hates going with him everytime he has to go to his "fathers" for a weekend," or are you just taking her word for it?  Have you been spending enough time around child and mother to see how secure and loved by his mother he seems to be?  Are you sure she doesn't have addiction issues?  Does she seem to manage money well or poorly?

    Think carefully about her character and maturity.  If you sign on to be the child's parent you are also signing on to be co-parent with this woman for at least the next 13 years.  Any attraction you now feel for her will disappear very quickly if she starts treating you badly once she has what she wants from you.

    Not saying that's what's going on;  I certainly don't know.  It's just a possibility, is all.

  • Tue, Jan 17 2017 11:18 AM In reply to

    • Drew
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    Re: Biological father wants child

    I too think there is tremendous room for Mom or paper dad to be playing you to thier advantage ...and so far we are flying blind....is paper dad paying child support .  ..how much.?  If not why not ...?

     

    Keep in mind that if you jump on fish hook and paper dad is off fish hook, and mom decides to relocate to Maine with child because of better schools blah blah ....you may be a distant father on  big economic fish hook 

    You might want legal counsel up front ....

     



  • Tue, Jan 17 2017 12:37 PM In reply to

    Re: Biological father wants child

    Nicholi:
    There has been a "father" the whole time, he signed the birth certificate

    Unlikely.  Parents don't typically sign birth certificates.  Birth certificates are typically signed by the delivering phyisician and a local records clerk.

     

    Nicholi:
    I would like to know what will happen with the "father" and the mother in the ways of child support for the past 5 yrs when I do a legal paternity test and it reveals that i am the biological father.

    Nothing, but I'm curious why you believe this is your child if neither you nor any other man has ever done a paternity test.

     

    Nicholi:
    Also will I have to pay any money as I have just recentley found this out?

    You very likely will have to pay for any paternity test that you initiate.

     

    Nicholi:
    Can the child be mine?

    Well...you told is that the child IS yours, so....  Beyond that, however, we obviously have no knowledge about this one way of the other.

     

    Nicholi:
    Any information would be indeed helpful as I have no idea what to do, I really just want to have my child and be a father.

    As mentioned, it's not clear why you think the child is yours, but the smartest thing to do would be to consult with a local family law attorney.

  • Tue, Jan 17 2017 12:39 PM In reply to

    Re: Biological father wants child

    karen2222:
    I don't know whether you'd be expected to pay any back child support if the court decides you are the legal father.

    "Back child support" is not available in a situation like this.

  • Tue, Jan 17 2017 12:48 PM In reply to

    • Drew
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    Re: Biological father wants child

    IF Mom chose  to make a baby with some guy whose judgement is as bad as you suggest it is , then one also needs to question Moms judgement  about a lot of things ...and you OP need some serious reflection and legal counsel before you jump into the situation .....



  • Tue, Jan 17 2017 5:03 PM In reply to

    Re: Biological father wants child

    ca19lawyer2:
    "Back child support" is not available in a situation like this.

    So what do you believe Utah Code 78B-15-305(2)(b) means:  "When a father declares paternity, his liability for past amounts due is limited to the period of four years immediately preceding the date that the voluntary declaration of paternity was filed."

    Thanks in advance.

  • Wed, Jan 18 2017 8:35 AM In reply to

    Re: Biological father wants child

    karen2222:
    So what do you believe Utah Code 78B-15-305(2)(b) means

    Doesn't matter since federal law precludes an award of retroactive child support for any period prior to the date of filing a petition for an award of support.

    Of course, the OP's inquiry in this regard seems to be moot since there is no indication that the mother will be seeking child support since she and the OP "have crossed paths in a much more romantic way than ever before."

  • Wed, Jan 18 2017 8:37 AM In reply to

    Re: Biological father wants child

    Drew:
    IF Mom chose  to make a baby with some guy whose judgement is as bad as you suggest it is , then one also needs to question Moms judgement. . . .

    I never made any suggestions one way or the other about the judgment of any of the persons involved.  Also, the OP appears to be the "some guy" with whom "[m]om chose to make a baby," so I don't really understand the point of your comment.

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