I was just told by the Prosecutor it doesn't matter if you were lied to if you get married the child is yours

Question

So you have to pay child support.Is this true? what about the real Dad? What rights does he have? Shouldn't the state require that she find Him? wouldn't that be in the best interest of the child?

Thanks

James S

First she told me that she was with child and I was the Father. Then we got married

I did get a DNA test? I'm not the Father

I didn't adopt the child, but I was with her when she gave bith. I thought the Baby was mine.? I don't have the money for a good lawyer.

Thank You all

James S

Answer 1

Okee dokee. First off, while everyone here has good intentions, do not heed their advice. They speak from a place of logic and intellect. Their advice would be sound in a sane and rational world. But they are potentially very wrong. These laws vary from state to state. Let's take my home state of California as an example. In California, we are more than happy to completely screw people like you.

We have what are called putative father and presumed father statutes. If you raise a child as your own for a certain amount of time (I believe it's two years) and then find out through DNA testing that the child is not biologically yours, then guess what happens? You're still the dad. For life. Legally and financially responsible. Even though you are not the biological father. Once that time period has passed, you are the legal father.

Kinda sucks, huh?

Further, let's presume that you KNOW the child is not yours but raise it as if it were. After a certain amount of time, you break up with the mom. Guess what? You could potentially get hit for child support. I'm not making this up. I'm currently litigating these types of cases. The law has no sympathy for innocent men.

James, sadly, the prosecutor was probably right. It doesn't matter if you were lied to, cheated on, or anything else. Under many circumstances, as I've outlined here, you will be stuck paying for her mis-deeds for the rest of your life. It is outrageously unfair, maddening and nauseating.

I'm sorry. Find yourself a lawyer if you can afford one. Otherwise, you're going to get absolutely screwed. If you're in California and what some guidance, please feel free to contact me through this service.

Answer 2

The answer to this question will depend on the state that you live in.

In some states, any child BORN during wedlock is considered to be the child of the man and wife, regardless of the biological source. In other states, a child who is CONCIEVED during wedlock is considered to be a child of the father and mother automatically.

You might want to consult a family law attorney about having the marriage annulled.
1) The grounds for annulment would be that you married her beliving you were the father of the child. Now you have learned that you are not.
2) Once annulled, you *might* be able to avoid child support, and the biological father of the child will be responsible for paying child support.

BOTH of these situations will be risky and may not work at all. That is why you need a family law attorney in your state. He/she can properly evaluate the situation and protect your interests. If you don't know such an attorney, consult your local or state bar association for a referral.

Answer 3

I just wanted to confirm that what others are saying is correct. Been there dealt with that (long story LOL)

Even if you have been providing for the child to this point if you get a DNA test and prove that you are not the biological father you can no longer be held responsible for the child if you and the mother are not together. Unless you have legally adopted that child.

Answer 4

Believe it or not if the child was conceived during the marriage, it doesn't matter who the biological father is . Even if you prove it's not yours, you are still responsible for child support in the event of a divorce. The child is considered a child of the marriage. Tough but true.

Answer 5

Get a good lawyer. If you did not adopt the child, chances are you could not be held responsible for child support - of course who knows all the circumstances.

Answer 6

Thats not true.. The real dad is responesable unless you sign saying you were the legal guardian.. Even then I would still get a second opion.

Answer 7

if you are not sure the child is yours, get a DNA test. If its negative, you cannot be sued for child support.

unless you are still legally married - are you?

Answer 8

Wear a condom and chances are these things would not happen.