My husband had an affair and she had a baby. He signed a Ack. of paternity which he says he didn't read-which he never reads what he signs. Now she won't cansent to have a test done because he signed it. We live in a different state and have to hire a lawyer from the state she lives in. Which is going to cost a small fortune. Why won't she just consent?
2007-12-04 00:03:45 · 24 answers · asked by butterfly10526 1 in Family & Relationships ➔ Marriage & Divorce
Right now I am legally seperated. If he is he father I will file for divorce.
2007-12-04 01:36:26 · update #1
Because he signed the paper, he has the courts won't privide the test. Hence, the lawyer.
2007-12-04 01:37:37 · update #2
I agree, it's probably not his kid and she knows it.
2007-12-04 01:29:13 · answer #1 · answered by Anonymous · 1⤊ 0⤋
No offense but he was the stupid one for a few reasons, having an affair to begin with, acknowledging paternity to a child that could very well not even be his, because obviously this woman knew he was married and slept with him anyway, so that makes you wonder how many other guys she has been with. And not reading the papers he signed. She won't consent for 2 reasons, 1. he acknowledged paternity. and 2. she is probably afraid that the results will come back inconclusive with him being the father. Just out of curiosity, why are you still with this man? But anyhow, now you have no choice but to get a lawyer and get a court ordered paternity test.
2007-12-04 08:13:05 · answer #2 · answered by peyton31602 4 · 0⤊ 0⤋
Because she is wanting child support for her child. At this point, she has his signature which basically admits he is the father. If he signed the birth certificate as father, she has a good case against him. You have to look at their side. He admits he is the father by his signature. She files for child support against him. What more does she need other than him to start paying. I am sorry, but this is the repercussion of signing a document that one has not read. It can be overturned, but it will take a Judge to do it. In the mean time, even if the Judge orders her to take the test, he may still have to pay support until the results are shown to the court. One other thing, he needs to get ready for the big question. The court will ask him why he admitted to being the father and now he says he is not. Good luck, I hope it works out for all involved.
2007-12-04 08:19:00 · answer #3 · answered by Doc 2 · 0⤊ 0⤋
He signed the paper which technically lets her off the hook if the baby isn't actually his! Your hubby is an idiot for signing anything before reading it. The judge will say the same thing. Your hubby just signed the equivalent of a confession to a serious crime! You are going to need a very slick attorney to get him out of this one. She doesn't have to comply to a paternity test ever! A court ordered paternity test would be the only way to get one...since he signed the paper! The only problem with this is the judge isn't going to find "I didn't read it before I signed it!", a very good excuse...more than likely the judge will acknowledge the paper signed and will give child support orders and visitation orders to him.
2007-12-04 08:14:15 · answer #4 · answered by I hang with the BIG DOGS 4 · 0⤊ 0⤋
I'm sorry that your husband didn't read the paper, but I am sure that the nurses and administration explained what the papers meant. The lady he had an affair with doesn't have to concent to paternity as the paternity of said child has been established as your husbands, because he signed the papers. That is the way life goes. Maybe you are mad and upset because he had a baby with another woman.
2007-12-04 08:12:46 · answer #5 · answered by Calico L 2 · 2⤊ 0⤋
Signing an acknowledgment of paternity is claiming legal responsibility for the child . My hubby and his ex wife weren't married when they had my younger bonus daughter. The hospital grilled him and talked to him for like 20 minutes before they would let him sign the acknowledgment of paternity. They told him was legally binding and that he would forever be considered that child's father. Your hubby screwed up if that child isn't his. She isn't consenting to a paternity test because she doesn't have to. He signed a piece of paper saying he was. The paternity test should have come first.
2007-12-04 09:02:03 · answer #6 · answered by aly_des 3 · 0⤊ 0⤋
She does not know for sure who the father is- the court may order a paternity test-- if he contests and --he will have to pay for it-but if he is NOT the father he wont have to pay child support for 18-21 years-get a lawyer for this one -it will be worth it if he is Not the father and if he is then you will know for sure!Not sure what a Ack. of paternity (acknowledgement of paternity? perhaps-still not legally binding if DNA testing is done) but a lawyer could sort out the legality if he is not the father.
2007-12-04 08:15:53 · answer #7 · answered by Lunaeclipz 5 · 0⤊ 0⤋
Because it's possible it isn't his child, but because he was foolish enough to sign that paper, she's got him by the testicles and she ain't a'gonna let go, honey. He's her meal ticket for the next 18 years.
Whatever - it'll cost a fortune, period. You could sue her and have a court order her to submit to a paternity test, which you'd have to pay for...but the suit would also cost a fortune.
And you stay with this guy because...?
2007-12-04 08:54:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Why didn't he just read the paper before he signed it? That's how it goes--you sign something you shouldn't & then you have years of bullsh** trying to straighten it out. I would think that the first thing he would have had to sign would be divorce papers. I mean, HELLO!! Your husband fu**ed around and got some girl pregnant????? Obviously he wasn't practicing safe sex!!!!! So, apparently he has no concern or respect for you and your health. And here you are worrying about how to help him with this problem that he created himself?? He's a lucky man.
2007-12-04 08:10:37 · answer #9 · answered by christina30 6 · 3⤊ 0⤋
Well your hubby is trying to be responsible.
He should support his child and it's good you are a strong wife to support him and help him.
Better jump on the Amtrak and visit your new extended family and bring some toys and clothes for the new little one !
Praise the Lord you have a responsible husband and you're a supportive and good wife.
Well done and keep up the good work !
I have one question, can I still buy an Amtrak pass and explore the USA because last time it was GREAT and when you have a new democratic president I would like to return !
Hello to you beautiful people across the pond !
2007-12-04 08:16:05 · answer #10 · answered by Anonymous · 0⤊ 2⤋
probably because the baby might not be his...! don't worry, the courts will order a test... try to be patient, although it will be tough! um, he don't have to get a lawyer to get a paternity test... the child support agency has to provide the test for all unmarried people now a days... free! =) good luck! =) at least this is true in the state of Ohio... I am sure it's true in other cities as well...
2007-12-04 08:07:50 · answer #11 · answered by elvlayarvvi fEisty wife and mom 6 · 0⤊ 1⤋