A friend of mine was accused of fathering a child back in college. After he had been paying this chic for a while he heard "rumors" that the child was not his, took a blood test and found out he was not the father. This is in the state of Texas...notorious for having crazy child support laws....He has spent a lot of money trying to fix this but apparently he signed some waiver (before the blood test) and he can't get out of it....Any advice?
2006-07-11 09:31:26 · 6 answers · asked by Making Them Listen 3 in Politics & Government ➔ Law & Ethics
I know someone in the same situation in Kentucky and the problem is, is that he must've signed a legal agreement acknowledging paternity or he signed the birth certificate. If he did then he is legally responsible for that child. This is one reason that all men with any doubts whatsoever should indeed have a paternity test conducted and they can do this early on even while the woman is still pregnant--don't even wait until after the birth. Even if he gets an atty. if the papers have been signed, nothing will be done...my friend tried this route and the judge had no sympathy and stated that due to signing the papers the child was legally partially his responsibility. He even stated that if he won the lottery about 30% would go to the child and he'd still be responsible for health insurance, college expenses and etc.
2006-07-11 17:30:36 · answer #1 · answered by rodaerc06 3 · 0⤊ 0⤋
As long as he was not in a marriage at the time, it should be fixable. The way the law works is a man is responsible for the support of a child from a marriage even if it is proven not to be his child. So if a woman cheats during the marriage and has another man's baby, the man she is married to will always be held responsible. I would tell him to go directly to the child support agency and also get some legal advice that will give him something to stand on. Good luck and I hope it works out in the long run.
2006-07-11 16:38:17 · answer #2 · answered by Andi 2 · 0⤊ 0⤋
A Lawyer might be able to help but I have to say, signing a waiver makes him liable for payment because of the emotional effect it can have on the child, so in essence, courts protect children in some ways. A lawyer could rectify the situation by proving the mothers intent to betray the him.
2006-07-11 16:39:16 · answer #3 · answered by Sexy Ray 3 · 0⤊ 0⤋
He needs to consult an attorney. It is notoriously difficult to get off the hook for child support if you signed the birth certificate or signed an affidavit stating you were the father....if you have any doubts, be careful what you sign!!!!!!!
2006-07-11 16:42:36 · answer #4 · answered by Anonymous · 0⤊ 0⤋
He established status quo. He'll have to keep paying until child is emancipated. Or he can try and get custody.
2006-07-18 11:12:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
no
thats not even legal
2006-07-11 16:36:48 · answer #6 · answered by Xae 6 · 0⤊ 0⤋