Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

my sons "real dad" im not sure where is should put this post

ok i got preg at 16 well he lft me when i was 4 months preg he said i was wayyyyy to moody.. time went on and i saw an old friend i knew in HS well we went on a few dates and we fell in love well he knew i was preg and i told him straight I AM NOT LOOKING for a father for my son.. any was my son is born and the guy im dating wants my son to have his last name so i did it.. well we got married.. anyways what im sayin is his "real father" is now tryin to get some rights even though he hasnt done a damn thing for him.. and my hub is on the birth cer and everything else.. can the "real dad" get rights or not. im kinda worried i have heard diff things but also I HAVE THE BEST LAWYER in Missouri..

 
Anonymous

Asked by Anonymous at 5:50 AM on Jan. 19, 2009 in General Parenting

This question is closed.
Answers (17)
  • YOU CAN NOT GET CHARGED W/ FRAUD WHY DONT YOU PPL UNDERSTAND THIS???? THOUSANDS AND THOUSANDS AND THOUSANDS OF PPL DO THIS EVERY YEAR IF A MAN LEAVES YOU WHILE PREG HE IS A SUM BAG. IM AM SURE HE WILL LEAVE THE PIC ONCE AGAIN ONCE HE FINDS OUT HOW MUCH IT WILL BEE. there are a few rude ppl on here who need to take there judgements else were she is askin a ? im sure she doesnt want to be bashed.. gl hun i hope all gos well
    Anonymous

    Answer by Anonymous at 5:40 PM on Jan. 19, 2009

  • Then you need to talk to your lawyer. He's the one who can answer your question properly and correctly.
    TiccledBlue

    Answer by TiccledBlue at 6:11 AM on Jan. 19, 2009

  • Absolutely NOT. The name you put on the BC is the childs legal father. If the real dad wants to spend a small fortune to prove he is the father, he can try, but when I was married, I got pregnant by rape. My husband at the time was put as the father. The court, when I divorced him, said if his name is on the BC and therefore he had to pay child support. I adopted him to a family member and he had to sign the papers to allow the adoption. He even complained to the judge that he was not the father and the Judge said, "But your name is on the BC." So, stay calm and don't let him rattle your cage. Good luck and God Bless. pommom335
    POMMOM335

    Answer by POMMOM335 at 6:17 AM on Jan. 19, 2009

  • actually he can get rights to the son in some ways...because all he has to do is ask for a dna test...most courts will approve that but i would talk to your lawyer about it
    Anonymous

    Answer by Anonymous at 8:24 AM on Jan. 19, 2009

  • I do not believe that your childs bio dad,has rights "now",after the baby has been born,and the birth certificate has been signed sealed and delivered.
    However,He CAN request DNA,spend money for it,and go to court.After all that,the judge will always think about the childs best interest.
    I hope the lawyer can TRULEY help you out!:) GoOD LUCK!
    NaNcYBoUt

    Answer by NaNcYBoUt at 8:55 AM on Jan. 19, 2009

  • yes, he can!!!! he can order a paternity test and get visitation....he will also be ordered to pay child support (you might want to throw that in his face).....most guys will give up at that point, but he can't make you change your child's name...so the last name can remain the same as yours and your dh's...
    sorry you have to go through this..it isn't fun, i know.
    butterfly-jo

    Answer by butterfly-jo at 9:11 AM on Jan. 19, 2009

  • He can take you to court and get a DNA test and then possibly get visitiation rights. At that point you can countersue for child support. It doesn't matter what that little old piece of paper says he still has some rights. He cannot make you change the child's name unless he manages to get full custody of the child. My sister just went through this about 2 years ago and the guy dropped the whole thing when she countersued for child support. Rape is a whole different story though.
    aeneva

    Answer by aeneva at 9:22 AM on Jan. 19, 2009

  • It depends on your laws for your state. Because if your married to the man that is on your child's BC then he is the legal father. If the child is older than a year old then he could get it for abandonment.
    matthewscandi

    Answer by matthewscandi at 10:38 AM on Jan. 19, 2009

  • This happened in MO,
    My best friend had a baby, not married, gave her daughter "her" lastname on the birth certificate. Didn't want anything from the father... That was until she wanted childsupport, then he went had a paternity test, he paid for, got visitation and has been in her life for the past 12 years. I would talk to a lawyer, if he's "good" then maybe he will explain that the court only does whats in the "best interests of the child".
    Anonymous

    Answer by Anonymous at 10:58 AM on Jan. 19, 2009

  • If it comes out that you put your husband on the birth certificate knowing he was not the father you could be charged with fraud. Birth certificates are government documents and it is illegal to falsify them. Please ask your lawyer about it. You don't want this coming at you out of no where. Knowing all possibilities helps you prepare for them.

    Dad will get a DNA test. Once he's proven to be the father you petition the court to terminate his rights and a step-parent adoption. Then everything is legal. You can't get in trouble, and your ex is out of the picture.
    desert_diva

    Answer by desert_diva at 11:03 AM on Jan. 19, 2009