Ok. My boyfriend and his wife have beel separated since August 06. They have not filed divorce papers as of yet due to finances. She had a child Sunday for a guy she was seeing which caused the break up of their marriage. Now this other guy is not around and did not sign paternity papers at the hospital.
She stated that she listed my boyfriend as the father of the child and he will be placed on the birth certificate. When I had my son, his father could not be on the birth certificate because he was not present to sign.
So...if my boyfriend did not sign for paternity of this child, could she have listed him anyway? They have both sworn to me previously that this is not his child, and there was no way it could possibly be. So we are willing to do DNA testing....just needing some advice. Could she do that? I know she can't file for support without testing him.
What a Mess!
2007-06-28 07:21:57 · 5 answers · asked by Tina 4 in Politics & Government ➔ Law & Ethics
She can put whomever she wants on the BC however she would have to prove paternity before any support could be assigned to you BF.
In most states if a person is married and they give birth to a child weather it's the spouses or not the spouse would be considered the legal father. Legal father, not biological father.
I would recommed you check your state laws to see what your law is there.
I know in my state we've had mom's give birth from their BF however were still married so when we placed the child in foster care we had to notify the husband since legally he was the father until paternity was established then we had to terminate his rights all this and he was never the parent technically but legally he was.
Your BF needs to file for divoce ASAP! It sounds like there is no reason to remain in the marriage.
Good Luck
2007-06-28 07:31:23 · answer #1 · answered by Jeni 4 · 3⤊ 0⤋
She is married to him, the legal definition is "presumption of paternity" in some states, his name MUST appear on the birth certificate no matter who the father is just due to then being husband & wife.
since they are married, she doesn't HAVE to get a paternity test (again, presumption by the courts)- but he can request one if she does file for child support - but I seriously doubt she will.
Now see, if you weren't dating a guy who is still legally married, you woudn't have this headache...
2007-06-28 07:40:20 · answer #2 · answered by allrightythen 7 · 0⤊ 0⤋
Because they are married he is presumed to be the father and she can file for support from him. He needs to establish paternity through the courts or he will be responsible for support until he does.
For instance. She files for child support on July 1, 2007 stating husband is the dad. Her case is opened (finalized) at $200 a month on October 1, 2007. Husband now owes $600 back support and $200 a month.
Husband putts around until January1, 2008 and then files a petition to determine paternity. Wife doesn't cooperate much and it is July 1, 2008 when it is determined husband is not the dad. Dad does not owe support from that day forward BUT he still owes the past year's worth of support.
Have husband get off his azz.
2007-06-28 07:42:52 · answer #3 · answered by Anonymous · 1⤊ 3⤋
Your boyfriend needs to see an attorney immediately. In most jurisdictions she can put whoever she likes on the birth certificate. But, if your boyfriend does not contest paternity within a certain time, he can get stuck as the legal father, responsible for child support payments, even without being the natural father. Send your boyfriend to an attorney.
2007-06-28 07:26:16 · answer #4 · answered by cyanne2ak 7 · 2⤊ 3⤋
She may proceed with a request for support, and if he doesn't challenge the paternity before then, he would have to do so, then, but unless he challenges it, she can put whatever she wants on the birth certificate.
2007-06-28 07:40:21 · answer #5 · answered by Bryan F 3 · 0⤊ 3⤋