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Confused is an understatement.

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Mrtripps

Junior Member
Arizona-Maricopa County

I will do my best to keep it short but also provide important details. I have a child born out of an affair. Her mother was and is still married while I'm in a relationship with someone else now. She didn't know who the father was so she put the husband as the father. She contacted me about 6 months late to see if I would take a DNA test. I refused but after weeks of constant begging, I caved and she ordered an online test. 99% of being the childs dad. Well her marriage suddenly is on the rocks and she supposedly takes him off the birth certificate and adds me. Keep in mind, I've never signed or saw one piece of ligation. She started demanding back support and child support payments, threatening to take me to court. Eventually we agreed to $250 a month to keep it out of court, which she eventually "renegotiated" to $300. Well once I got a stable job and such, I talked to a lawyer about joint custody. The lawyer stated I had no rights to the child as the mother was legally married to someone else so he is in fact the father legally. I had 30 days to dispute the birth certificate when the child was born which I obviously didn't because I didn't know she was mine. The lawyer stated I also had no legal obligation to pay child support.

I guess I'm just trying to confirm what the lawyer stated and see what my next move is. I don't know the child at all as I've seen her maybe a dozen times. Can she come after me for child support if I stop paying, does she have a case? Or have I been taken advantage of for the past 6 months?
 


Zigner

Senior Member, Non-Attorney
Arizona-Maricopa County

I will do my best to keep it short but also provide important details. I have a child born out of an affair. Her mother was and is still married while I'm in a relationship with someone else now. She didn't know who the father was so she put the husband as the father. She contacted me about 6 months late to see if I would take a DNA test. I refused but after weeks of constant begging, I caved and she ordered an online test. 99% of being the childs dad. Well her marriage suddenly is on the rocks and she supposedly takes him off the birth certificate and adds me. Keep in mind, I've never signed or saw one piece of ligation. She started demanding back support and child support payments, threatening to take me to court. Eventually we agreed to $250 a month to keep it out of court, which she eventually "renegotiated" to $300. Well once I got a stable job and such, I talked to a lawyer about joint custody. The lawyer stated I had no rights to the child as the mother was legally married to someone else so he is in fact the father legally. I had 30 days to dispute the birth certificate when the child was born which I obviously didn't because I didn't know she was mine. The lawyer stated I also had no legal obligation to pay child support.

I guess I'm just trying to confirm what the lawyer stated and see what my next move is. I don't know the child at all as I've seen her maybe a dozen times. Can she come after me for child support if I stop paying, does she have a case? Or have I been taken advantage of for the past 6 months?
I'd listen to the attorney...s/he sounds knowledgeable about the subject.
 
You are not legal dad or obligated to pay a penny in support until the court rules otherwise. Any money you give mom without a court order would just be considered a gift.
 
Never listen to legal advise from your Ex. Always listen to legal advise form your lawyer. Your probably not on the birth certificate as the father.
 

stealth2

Under the Radar Member
Never listen to legal advise from your Ex. Always listen to legal advise form your lawyer. Your probably not on the birth certificate as the father.
And never take legal advice from someone who doesn't know the difference between advice and advise. Or the difference between your and you're...

Just sayin'...
 

Mrtripps

Junior Member
She turned tail and ran for the hills. I have screenshots of her telling me I'm not on the birth certificate and such. The sad part is I have no legal rights to the child to even challenge for custody. She's always in the hospital or sick with something, not to mention their other three child. I was basically just their meal ticket, and can't believe I didn't even think to check with an attorney. Thanks for all the answers.
 

stealth2

Under the Radar Member
She turned tail and ran for the hills. I have screenshots of her telling me I'm not on the birth certificate and such. The sad part is I have no legal rights to the child to even challenge for custody. She's always in the hospital or sick with something, not to mention their other three child. I was basically just their meal ticket, and can't believe I didn't even think to check with an attorney. Thanks for all the answers.
Well.... it's on you to file for parenting time. If you have not established paternity - you need to do that, too. It is not her job to do so. It is yours.
 

TheGeekess

Keeper of the Kraken
Arizona-Maricopa County

I will do my best to keep it short but also provide important details. I have a child born out of an affair. Her mother was and is still married while I'm in a relationship with someone else now. She didn't know who the father was so she put the husband as the father. She contacted me about 6 months late to see if I would take a DNA test. I refused but after weeks of constant begging, I caved and she ordered an online test. 99% of being the childs dad. Well her marriage suddenly is on the rocks and she supposedly takes him off the birth certificate and adds me. Keep in mind, I've never signed or saw one piece of ligation. She started demanding back support and child support payments, threatening to take me to court. Eventually we agreed to $250 a month to keep it out of court, which she eventually "renegotiated" to $300. Well once I got a stable job and such, I talked to a lawyer about joint custody. The lawyer stated I had no rights to the child as the mother was legally married to someone else so he is in fact the father legally. I had 30 days to dispute the birth certificate when the child was born which I obviously didn't because I didn't know she was mine. The lawyer stated I also had no legal obligation to pay child support.

I guess I'm just trying to confirm what the lawyer stated and see what my next move is. I don't know the child at all as I've seen her maybe a dozen times. Can she come after me for child support if I stop paying, does she have a case? Or have I been taken advantage of for the past 6 months?
Well.... it's on you to file for parenting time. If you have not established paternity - you need to do that, too. It is not her job to do so. It is yours.
Dude can't establish paternity, according to the Arizona attorney he spoke with. That ship has sailed. Unless Mom and Legal Dad get divorced; then, the question might be revisited (but I'd have to check the state statutes to give a firm answer). :cool:
 

NellieBly

Member
Only the court can add you to the birth certificate unless you sign off on it. Also, she would need a paternity test from a court certified lab, not from some online source.

You know, the husband could be the father, or even some other guy.
 

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