If you've been told that a child is yours, and then you've been told that weather it's yours or not, the mother is going to sign a document stating that she has no clue who the father is (not that i've ever heard of such a document) then turns around after finding out that you're pulling 2 jobs to support your [now] wife and other 2 kids, then she states that it is your child, then what is the best form of action to take and in the event she does sign such a document, how can you fix that in terms of in the event it is my husband's? Any help would be most appreciated.
2006-07-11 08:15:19 · 9 answers · asked by Young mom of 4 2 in Family & Relationships ➔ Marriage & Divorce
Ok Im speaking as far as New York is concerned..whether or not the father signed the birth certificate and paternity papers or not a paternitly test still needs to be performed to establish paternity..should you go to court and the father relinquishes his right to a paternity test he is then that childs father and must legally support that child whether or not the child is biologically his. Its kind of like this..until there is a court order establishing paternity and custody it doesnt matter who signed what at the hospital....What she will do is go to the child support enforcement bureau and open up a case..they will subpeona your husband to court where he will have blood drawn for a DNA test to establish paternity..should they find out that he is indeed the father they will then take into account his income, how many other children he supports and then determine his amount of obligation towards that child. Should your husband further decide that he wants visitation rights to the child he then must seek an order from family court granting him visitation rights. Again I am speaking from New York State and I know the laws here..most of them to run across the United States but things could vary some from state to state. Look up laws by googling your state plus "child support enforcement bureau" and your state plus "family court" or "child custody" most of the terms used on sites are in laymans terms are easy to understand. Additionally there is a site that you can ask a legal question and receive advice, for free, from and attorney in your state. WWW.LAWGURU.COM. Hope this helps.
2006-07-11 08:29:53 · answer #1 · answered by Heather 4 · 0⤊ 0⤋
The "document" your wife signed was probably the birth certificate...you can put down "father unknown" on a birth certificate. The only way to actually Prove whether or not he is the father is a paternity (DNA) test. If he is the father he will have to fork over child support and you'll have to deal with that fact.
2006-07-18 20:56:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not sure I followed the question but in California if a married couple has a child there is a presumption that the husband is the father and would be responsible to support that child to majority. The only way to prove or disprove would be to get a paternity test.
2006-07-11 08:31:01 · answer #3 · answered by Phillip B 3 · 0⤊ 0⤋
Each state is different. So your best bet is to call the local child support office explain it to them and they can tell you what to do. I would think they would request a paternity test from all parties involved and then after the results are in they will go from there. My hubby's ex wife hada child while they were still legally married and in IN he was assumed the father until the DNA results came in and then the courts went in and changed the birth certificate removing his name and putting the correct man's on there.
2006-07-11 10:33:14 · answer #4 · answered by ? 3 · 0⤊ 0⤋
IF I UNDERSTAND CORRECTLY, YOUR HUSBANDS EX IS ON AGAIN/OFF AGAIN ABOUT A CHILD BEING HIS ?
THERE IS SUCH A DOCUMENT. IF IT IS HIS KID AND SHE WANTS CHILD SUPPORT, THE COURTS WILL ORDER A PATERNITY TEST OF ANYONE SHE PUTS DOWN AS THE POSSABLE FATHER, WHEN THE RESULTS COME BACK AND IT IS YOUR SPOUSE,HE WILL HAVE A HEARING TO SET SUPPORT AND YOU CAN GO ABOUT GETTING VISITATION.
IF SHE IS GETTING HELP FROM THE STATE AND SAYS THAT SHE DOESN'T KNOW WHO THE FATHER IS ,YOU COULD MAKE AN ANOMONOUS CALL TO SOC. SERV. AND GIVE THEM THE LOW DOWN OF WHAT SHE IS DOING. THEY MIGHT FORCE A DNA TEST.
2006-07-11 08:26:51 · answer #5 · answered by k2x10n7n1 2 · 0⤊ 0⤋
If he signed the birth certificate, whether he is the parent or not, they will hold him financially responsible unless the mother presents the actual father. They will say since he took on the responsibility by signing, it is now his for 18 years.
My friend got pregnant to someone other then her husband, stayed with him until she had the kid (she pretended she wanted to work things out with him) had him sign the birth certificate, then left him and nailed him for child support for which he has to pay. In turn though, he has visitation with the child, since he pays support.
2006-07-11 08:19:30 · answer #6 · answered by babydoll121070 3 · 0⤊ 0⤋
When she goes to get child support request a paternity test and tell the child support agency what she has been saying. It is your husbands right to know without a doubt that is his child before supporting it.
2006-07-11 08:22:22 · answer #7 · answered by 4X4 Woman 3 · 0⤊ 0⤋
Paternity is easy to establish by DNA analysis.
2006-07-11 08:19:42 · answer #8 · answered by ringocox 4 · 0⤊ 0⤋
YOU NEED TO HAVE A PATERNITY TEST DONE TO MAKE SURE DOES ARE HIS KIDS IF THEY ARE NOT HE IS BEING MADE A FOOL
2006-07-11 08:20:36 · answer #9 · answered by darkpony6262 3 · 0⤊ 0⤋