legally on birth certificate

[cladybug]

What is the name of your state? illinois -How do you go about getting the father's name legally on birth certificate? Father pays voluntary child support and has visitation with child has often as possible,but for future security would like to be legally on certificate. Mother will not just sign voluntary paternity. The child is now 5yrs. old. Whose to say if she just decides to move out of state or has some other man adopt or Father passes away How would child receive SSI benifets. PLease Help!

 

[mrslunar]

The father needs to petition the court to establish paternity.

http://www.ilchildsupport.com/csbrochures/hfs3338.html

 

[rox4Him]

What about...?

I recently spoke with a lawyer and she said that by paying court-ordered child support, that established paternity. The court says he has to pay the child support because he is the father? Would that apply in this case? Granted, I live in Nebraska.

 

[Isis1]

i am not an attorney, nor do i specifically know your state's law.

when there is court ordered child support there is a form to admit paternity in the response. or you get asked during the Order To Show Cause hearing by the judge verbally admitting paternity to continue with the order fro child support. so in effect, yes paternity has been established through court ordered child support proceedings.

just out of curiousity...why wouldn't both the mother and father want to establish custody/visitation/support through the court system? a court order can definitely be beneficial in getting the birth certificate amended.

 

[Perky]

I recently spoke with a lawyer and she said that by paying court-ordered child support, that established paternity. The court says he has to pay the child support because he is the father? Would that apply in this case? Granted, I live in Nebraska.

Father pays voluntary child support

Apparently, it's not court ordered yet, so it doesn't apply.

 

[Humusluvr]

Two different posters, two different situations, perro.

rox4him said:

I recently spoke with a lawyer and she said that by paying court-ordered child support, that established paternity. The court says he has to pay the child support because he is the father? Would that apply in this case? Granted, I live in Nebraska.

OP said:

Father pays voluntary child support and has visitation with child has often as possible,but for future security would like to be legally on certificate.

That's why rox shouldn't answer a legal question with a personal situation from a different state.

 

[Perky]

I know, I was clarifying for Rox that her situation does not apply to OP. I probably should have been clearer in my response.

 

[escape2paradise]

What is the name of your state? illinois -How do you go about getting the father's name legally on birth certificate? Father pays voluntary child support and has visitation with child has often as possible,but for future security would like to be legally on certificate. Mother will not just sign voluntary paternity. The child is now 5yrs. old. Whose to say if she just decides to move out of state or has some other man adopt or Father passes away How would child receive SSI benifets. PLease Help!

What the Father needs to do is quit paying mom voluntarily and legally establish paternity and child support. In many states mom could file for CS and could very well be allowed to go back many years and request retro support, sometimes all the way back to birth. If mom does this dad will incurr a huge CS arrears bill, possibly 10's of thousands, even though he has paid her all these years. Without an order of support any money dad gives mom is legally considered a gift not child support.

 

[LdiJ]

What the Father needs to do is quit paying mom voluntarily and legally establish paternity and child support. In many states mom could file for CS and could very well be allowed to go back many years and request retro support, sometimes all the way back to birth. If mom does this dad will incurr a huge CS arrears bill, possibly 10's of thousands, even though he has paid her all these years. Without an order of support any money dad gives mom is legally considered a gift not child support.

While that's true, its not an absolute. I know of many parents who made regular and consistant non-courted ordered child support payments and had it recognized as child support.

 

[escape2paradise]

While that's true, its not an absolute. I know of many parents who made regular and consistant non-courted ordered child support payments and had it recognized as child support.

Yes, the judge can rule anyway he/she wants. If I was OP I wouldn't chance it.