my boyfriends ex is now openly admitting that that child may not be his, it could be her ex boyfriends. She also openly admits she was cheating on him at the time she got pregnant. The child looks nothing like him and shes also doubting the father. He cannot get a DNA test because she wont allow it. He would like to terminate rights but is unsure how to since he signed the birth certificate at the time when he thought the child was his. He is more than willing to care for the child and pay support but there is no cooperation and the longer it goes the more she admits its not his but shes gonna take him for all hes got. any suggestions would be very welcome! thank you!
2007-03-19 16:22:58 · 8 answers · asked by Anonymous in Family & Relationships ➔ Family
I'm not sure that I understand the question. Does he want to terminate his own parental rights or hers? If the former, he can simply sign some papers to relinquish them; a judge has to handle that, I believe. If he wants to terminate her parental rights he must first prove that she's an unfit parent -- no easy feat -- and get a judge to sign off on it. Either way the courts must be involved.
2007-03-19 16:27:20 · answer #1 · answered by D'archangel 4 · 0⤊ 0⤋
Get a lawyer and challenge it in court, then present his case and side of the story. Witnesses to her saying the child isn't his should testify. She cannot have her cake and eat it too. either he is the father pays the support and has the rights, or it isn't his child and she should be held responsible for paying back all the payments he made in the past, and she can go after the biological father to make it up. Nobody has any Legal obligation to pay for another persons responsibilities. I'd get the Lawyer and sue for all the payments he made already. If he really is the father then she will break down and prove it with a test, in which case everyone knows and he has rights as well as responsibilities. If it isn't he will get some money back though probably not much because the lawyers will take most of it (funny how that works) and he won't have to pay anything anymore.
2007-03-19 23:32:11 · answer #2 · answered by Malcolm L 3 · 0⤊ 0⤋
He can get a DNA test. He just needs to go to court and say he signed a BC for a child that is POSSIBLY not his. Also, if she has filed child support on him, he can really go to the courts and say that he is not paying child support until he gets a DNA test. Then she will have no choice but to take one. IF she denies it, then they will automatically take him off and she will not be able to get child support. Hope this helps. Good Luck
2007-03-19 23:31:36 · answer #3 · answered by BE HAPPY! 4 · 0⤊ 0⤋
Take her to court to have a paternity test ordered - alot of times public aid will do it but if he is the father than he will have to pay for it but if he is not the father and she says he is then she will have to pay for it (this happened to a friend and the guy turned out NOT to be the dad and she had to pay the test). Good luck - make sure that in your state if he terminates his rights that it also termintates support obligations because in some states they are two different things and he could end up paying for a kid that is not his.
2007-03-19 23:27:54 · answer #4 · answered by sara 1 · 0⤊ 0⤋
Before she can take him for all he has got, ask the judge for a paternity test. Without that, she doesnt have a leg to stand on. He can demand that be done before paying anything for the child
2007-03-19 23:27:35 · answer #5 · answered by dakota_gal_1968 4 · 0⤊ 0⤋
If she is now saying that the child might not be his, I would contact a lawyer and have that lawyer order a dna test from the court, then she cannot deny the test, she has to have it done. good luck.
2007-03-19 23:27:27 · answer #6 · answered by misty blue 6 · 0⤊ 0⤋
I would call your local court house and ask. That's a tough one. Especially if he signed the birth certificate. But sometimes you can get a court-ordered paternity test. So obviously she wouldn't be able to refuse that.
2007-03-19 23:27:54 · answer #7 · answered by shamarsla21 2 · 0⤊ 0⤋
Get a lawyer and sue her for child support fraud and emotional trauma.
2007-03-19 23:27:26 · answer #8 · answered by Anonymous · 0⤊ 0⤋