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Legal advise?

Ok, well here we go. So I am currently going through a long drawn out battle of decided what I can do with a paternity issue. My ex the so called father knew he wasn't the father yet he signed the birth certificate. Well now I'm trying to go after the real father to get my ex out of my life and to make sure my son knows who is real father is. I don't know what I'm asking really, I think for some sort of comment be bad or good. Some input ladies please would be great. Thank you for your time.

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Asked by Anonymous at 10:43 PM on Oct. 25, 2010 in Relationships

Answers (11)
  • It doesnt matter who signed the birth cert. friend of the court will order a paternity test and if its positive that the real father is who you think it is they will process the child support papers at that time. your child bad or good should know his dad. best wishes

    Answer by desperateat48 at 10:49 PM on Oct. 25, 2010

  • I've seen this before and this is how it panned out:
    The man who signed the declaration of paternity is responsible for that child regardless of DNA. Sorry, but he knew and assumed responsibility. If you get cash aid or someting similar they will go after him.

    It's kind of un nerving that you would allow another man to sign for paternity knowing he wasn't the father just to try to take it away when you aren't getting along. Sorry it doesn't work that way.

    Your child can still know who his dad is whether it's on paper or not.

    Answer by Musicmom80 at 10:52 PM on Oct. 25, 2010

  • Thank you for your input. Unfortunately because the guy signed the state says I must push with an attorney. I see this getting messy and it doesn't need to be. Both guys don't want to take the test and neither want to help. I got myself and my poor baby into a mess

    Answer by mistrs_momma at 10:53 PM on Oct. 25, 2010

  • If they refuse the court will leave the birth cert as is.....
    Pushing with an attorney isn't always successful. I've seen ben still obliged to pay support even after dna proved they weren't the father. Gotta love the effed up system.

    Answer by Musicmom80 at 10:56 PM on Oct. 25, 2010

  • I agree it was extremely stupid to let the guy that was not the father to sign. I regret that tremendously! I just wish there was more info out there.

    Answer by mistrs_momma at 10:59 PM on Oct. 25, 2010

  • If you were not married than legally youe ex and the real baby daddy has no legal rights. If any of the guys seek for rights than they will have to petition the court in which you can deny paternity and they will then order a test to be done. So your ex wont get no rights cause its not his child. Although some stepdads do get visitation in some cases. As for the guy you know is the bio dad track him down and drag his butt in court. But be warned if he is not going to be a father but you ex wants to be in the kids life at this moment it seems like you can choose. My kids dad came back after 3 yrs and recked my girls life and is hardly around. I dnt want the money. My SO has been there since day one and wants to adopt my kids so I wish I had a choice. GL

    Answer by mymestey at 10:59 PM on Oct. 25, 2010

  • It doesnt matter if they want to help or not, I dont know about other states but in Michigan if you file child support papers the guy on the birth certificate will get hit for the responsiblity and they take directly out of there checks. Only way they can get out of it is quit there job and then then start accumulating back support and then if u push it they pick them up. state of michigan doesnt screw with dead beat dads like they use to. check with your state friend of the court

    Answer by desperateat48 at 11:02 PM on Oct. 25, 2010

  • I agree with not wanting the money. The way I look at it my son and I are doing just fine right now. I just worry that what if someday I can't provide everything he needs. Maybe I worry too much

    Answer by mistrs_momma at 11:05 PM on Oct. 25, 2010

  • When you aren't married, the father signs a declaration of paternity before getin put on the birth certificate. That holds him legally responsible unless he signs away his parental rights. It doesn't matter if he's linked my DNA or not. It's a legal document.

    Answer by Musicmom80 at 11:05 PM on Oct. 25, 2010

  • This is what you do....go after child support, or TANF (i'm not sure if you get that in the state you are in) ...tanf DEMANDS whatever father u put down on the paper that they get a DNA test. UNLESS they refuse one. if they refuse one, you still collect that check every month.

    Answer by knicole0708 at 11:35 PM on Oct. 25, 2010

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