During recents months my cousin and his girlfriend have been arguing a lot and he 's found her lashing out that their daughter may not even be his. Now he's determined to get a paternity test. She says that whether he finds out that the child is his or not, becasue he signed her birth certificate, he will still have to pay child support. But their daughter is only 8 months old. Is that true. They live in Ohio.
2007-02-08 15:18:51 · 11 answers · asked by neyoKang 1 in Family & Relationships ➔ Marriage & Divorce
If you are listed on birth certificate, other wise you should be able to get out of paying with the dna test.
2007-02-08 15:22:35 · answer #1 · answered by Kathy L 2 · 0⤊ 0⤋
When he signed the birth certificate, he made that responsibility to the child, not the mother. Since 1994, the mother can not put the fathers name on the certificate, the "father" has to sign it. So by law he is the father until he gets a paternity test. Now if this child was a lot older, the judge can say in the best interest of the child you would have to pay the support. Because that child only knows you as the father. But in this case the child is still an infant and he needs to get the paternity test done right away.
2007-02-08 16:22:58 · answer #2 · answered by theresa s 1 · 0⤊ 1⤋
Probably not. Recent law changes have occurred in Ohio Paternity Laws. Previously, even with DNA results, paternity could not be changed in some cases. Now, a person designated by law as a father can challenge his paternity obligations, sometimes even after many years.
Get your cousin to an attorney ASAP! Any mother who would use her infant as an emotional weapon in any disagreement with the purported father has serious relationship issues, and may not be mentally stable. Your cousin should sort out his rights and obligations immediately, before the situation spirals out of control. There are several low and no cost legal services that may be able to assist him. Check with the Ohio Bar, Legal Aid, Clinic programs in local law schools, etc.
Please remember: No matter what she says or does, tell your cousin NOT to get into any physical altercation with her. That will just complicate his life needlessly. (Better for him to crash on your couch!)
Best of luck to you all.
2007-02-08 17:33:48 · answer #3 · answered by Counsel 3 · 0⤊ 0⤋
Actually, she may be incorrect, and could be liable for damages, paying back child support, and jail time for fraud. If he chooses to continue to care for the child (whether she's his or not), additional legal work may have to be done, as well as notifying the biological father as to his rights. There needs to be some court mediation, as they're arguing right now. The biggest thing that needs to happen right now is: Get the paternity test. Now. If she gets mad, let her calmly know that claiming that the baby is not his is hurtful, as well as possibly grounds for fraud liability (she claimed that the child was his during the pregnancy--when she knew there was some doubt as to paternity). If the child is in fact his, then there will be some fences to mend, and set up a court-appointed child support system as soon as possible. Good luck and God bless.
2007-02-08 15:35:50 · answer #4 · answered by Judy W 3 · 0⤊ 0⤋
If he can prove to the courts by taking a paternity test that this child is not his, he doesn't have to pay child support. You may want to find out what the laws are in Ohio.
2007-02-08 15:23:02 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Frack NO.. in fact if its proven by DNA its not yer kid you can get ever $ back paid into child support.. and in some states interest on that as well...
Blood tests arent worth a frack they only exclude people... DNA will tell ya fer sure.. ( Maybe yer brother Likly same blood type but not same DNA even if a twin) theres no more lies on the chick side.. (My evil side kindda likes that bit.. what is it 67% of women lie when it comes to DNA aternity tests these days at least?
Even if yer in a totally happy marrige in the USA these days.. a guy would be an IDIOT not to have a DNA test on the kid...
(Sorry chicks BUSTED.. I didnt do it Stats and studies did)
2007-02-08 15:28:09 · answer #6 · answered by darchangel_3 5 · 0⤊ 0⤋
Doesn't matter where he lives. If the blood test proves that he is NOT this child's father, he does NOT have to pay and may be in titled to any money that he gave her under false pretenses that he was
2007-02-08 15:30:42 · answer #7 · answered by Cheryl 6 · 0⤊ 0⤋
Have the paternity test done. If he's not the father, then seek the advise of a good attorney.
2007-02-08 15:25:43 · answer #8 · answered by iyamacog 7 · 0⤊ 0⤋
In this case it is good for him he was just doing her and didn't marry her. The judge can rule anything he wants whether the kid is your cuz is the daddy or not, but most likely not. I bet the kid is his and she was just mouthing off.
2007-02-08 15:24:21 · answer #9 · answered by lily 6 · 0⤊ 0⤋
Most likely not. If he signed it under the assumption it was his and now its not he won't have to pay anything.
2007-02-08 15:21:53 · answer #10 · answered by clashingtaco 2 · 0⤊ 0⤋