Aop

[kg2011]

What is the name of your state (only U.S. law)? Texas
If the "father" of a child says he is the father and signs an aknowldegment of paternity, but then later decides he wants a paternity test and it his determined that is not the father, is the mother held responsible?

 

[Antigone*]

What is the name of your state (only U.S. law)? Texas
If the "father" of a child says he is the father and signs an aknowldegment of paternity, but then later decides he wants a paternity test and it his determined that is not the father, is the mother held responsible?

How old is the child? Who are you in this situation? What do you think the mother would be responsible for? Is there a possibility that this man is not the child's father?

 

[CSO286]

What is the name of your state (only U.S. law)? Texas
If the "father" of a child says he is the father and signs an aknowldegment of paternity, but then later decides he wants a paternity test and it his determined that is not the father, is the mother held responsible?

Maybe.

More info is needed.

Did Mom convince legal Dad the child was his?
How long ago are we talking here?

What does legal Dad want to do about this? What's the end game?

Who are you in this situation?

 

[Zigner]

What is the name of your state (only U.S. law)? Texas
If the "father" of a child says he is the father and signs an aknowldegment of paternity, but then later decides he wants a paternity test and it his determined that is not the father, is the mother held responsible?

It can happen:

From https://www.oag.state.tx.us/cs/parents/faq.shtml#mind

What if the father or mother changes his or her mind and no longer wants to acknowledge paternity after filing an AOP?

Either parent has 60 days from the time the AOP is filed at the Bureau of Vital statistics to rescind the acknowledgment and remove the father’s name from the birth certificate. One of the parents must file a Petition to Rescind with the court. Even after 60 days, one of the parents may file a motion to challenge the AOP, but will be required to prove fraud, duress, or mistake of fact. Any such suit must be filed within four years of the AOP being filed with the Bureau of Vital Statistics.

Minor parents have four years from the date they become an adult (emancipate) to challenge the AOP.

 

[nextwife]

If women would stop allowing "MAYBE/or NOT EVEN BIO" dads to sign an AOP, there would be no need to later revisit the issue of biopaternity. It makes far more sense to get paternity correct from the get go, THEN have the prospective dad sign the AOP. Paternity should not be determined by personal preferences, such as who mom happens to be dating when kiddo is born. Paternity should be based on only what happened at conception or at a legal adoption, not based on conning some guy into stupidly believing he's biodad and how long after birth he gets strung along before questioning the matter.

It is SOOO unfair to the child. Get it right, or don't establish it (IMHO).

 

[CJane]

If women would stop allowing "MAYBE/or NOT EVEN BIO" dads to sign an AOP, there would be no need to later revisit the issue of biopaternity. It makes far more sense to get paternity correct from the get go, THEN have the prospective dad sign the AOP. Paternity should not be determined by personal preferences, such as who mom happens to be dating when kiddo is born. Paternity should be based on only what happened at conception or at a legal adoption, not based on conning some guy into stupidly believing he's biodad and how long after birth he gets strung along before questioning the matter.

It is SOOO unfair to the child. Get it right, or don't establish it (IMHO).

And those poor guys. They had NO CHOICE in the matter at all. I'm certain, in EVERY CASE, they had no idea they might not be the biological father, or that a DNA test was possible just to be sure.

I know, in MY case, I had NO DOUBT who the father of my son was. I asked him about 100 times to get the DNA test while we were still in the hospital, BEFORE signing the AOP, just so he would NEVER question things. He was TICKED. Thought I was, in some bizarre way, questioning his honor.

Of course, the second I filed for child support, he rescinded the AOP and demanded a DNA test. Badmouthed me to god-n-everyone. Trolled me around the internet claiming that it wasn't his kid, I'd 'trapped' him into signing the AOP, and he'd prove it.

He ended up paying for the DNA test (because the child IS his), and looking really stupid.

 

[nextwife]

And hopw many women have come here telling us they had some guy who was likely NOT the father sign the AOP?

ONLY the woman absolutely knows whether there were any other potential fathers.

 

[mistoffolees]

And hopw many women have come here telling us they had some guy who was likely NOT the father sign the AOP?

ONLY the woman absolutely knows whether there were any other potential fathers.

Usually.

One of the things that amazes me about this forum is how often a guy posts saying "I didn't think I was the father, but signed the AOP, anyway". Or even "I knew I wasn't the father because we didn't meet until she was 8 months pregnant, but I signed the AOP, anyway."

 

[CJane]

And hopw many women have come here telling us they had some guy who was likely NOT the father sign the AOP?

ONLY the woman absolutely knows whether there were any other potential fathers.

And no one has ever been FORCED to sign the AOP. It's a CHOICE. It's called a VOLUNTARY PATERNITY ACKNOWLEDGMENT for a REASON. A social worker comes into the room, explains EXACTLY what the form is. Explains that a DNA test is available. Explains that by signing the form, the guy is taking on the RESPONSIBILITY of being a FATHER.

And then alla sudden the guy is surprised.

What. Ever.

 

[Just Blue]

PERSONALLY...I think a DNA should be mandated for ALL births. It has become too "common" for mothers to pass off a child as the Hubbys when Wife is boffing the guy next door...down the street...milk man...post man...whatever.

Regardless of marital status a DNA should be done to protect the child from future POSSIBLE emotionial harm due to a mothers action/s.

IMHO.

 

[CJane]

PERSONALLY...I think a DNA should be mandated for ALL births. It has become too "common" for mothers to pass off a child as the Hubbys when Wife is boffing the guy next door...down the street...milk man...post man...whatever.

Regardless of marital status a DNA should be done to protect the child from future POSSIBLE emotionial harm due to a mothers action/s.

IMHO.

If you mandate it, you have to fund it. To me, it's a lot like the 'mandate' for drug testing of welfare recipients in FL. It's never going to pay for itself.

I DO feel bad for the MARRIED guys who have this happen to them. But the ones who sign the AOP when it's utterly voluntary? Their problem. Their stupidity. A decision they should have to live with.

 

[Just Blue]

And no one has ever been FORCED to sign the AOP. It's a CHOICE. It's called a VOLUNTARY PATERNITY ACKNOWLEDGMENT for a REASON. A social worker comes into the room, explains EXACTLY what the form is. Explains that a DNA test is available. Explains that by signing the form, the guy is taking on the RESPONSIBILITY of being a FATHER.

And then alla sudden the guy is surprised.

What. Ever.

Why do you seem to jump on NW for her opinions?? You regularly use your situation as an example but when nextwife does you "get on her". Why is that???

 

[nextwife]

And no one has ever been FORCED to sign the AOP. It's a CHOICE. It's called a VOLUNTARY PATERNITY ACKNOWLEDGMENT for a REASON. A social worker comes into the room, explains EXACTLY what the form is. Explains that a DNA test is available. Explains that by signing the form, the guy is taking on the RESPONSIBILITY of being a FATHER.

And then alla sudden the guy is surprised.

What. Ever.

And why should mom's Guy At HAND even be allowed to userp biodad's paternity with the stroke of a pen??

Either one is or is not biodad, and nobody but biodad should be established as dad unless there is a formal adoption process. Paternity should be established with as much certainty as maternity.

 

[Isis1]

PERSONALLY...I think a DNA should be mandated for ALL births. It has become too "common" for mothers to pass off a child as the Hubbys when Wife is boffing the guy next door...down the street...milk man...post man...whatever.

Regardless of marital status a DNA should be done to protect the child from future POSSIBLE emotionial harm due to a mothers action/s.

IMHO.

it should be covered by insurance. i mean, a pregnancy test is. so why not a DNA test. at the birth. they aren't covering penis snipping (i'm having a clonde moment, i forgot what it's called). they should take over DNA tests.

i wish we still got milkmen....i wouldn't touch my mailman, he doesn't have any meat on him.

 

[CJane]

Why do you seem to jump on NW for her opinions?? You regularly use your situation as an example but when nextwife does you "get on her". Why is that???

I "get on her"? Or I post an opposing opinion? I think it's absurd to blame the mother in these situations. The guys has a choice. He makes a choice. How is his choice Mom's fault?