Presumed Parent

[mamalysa]

What is the name of your state (only U.S. law)? CA

My brother was in a relationship with a woman for a month and they found out they were pregnant. He’s listed as the father on the birth certificate, and signed his name. A year down the road, he decides to pay for a paternity test and finds out the baby is not his, so they break up.

Right now he is in the process of trying to remove his name from the birth certificate because she wants to take him to court for child support. She said as long as his name is still on the birth certificate once the baby turns 2 (January 2012), he will be help legally responsible for her child in the state of CA. Is this true? She knows who the baby’s biological child is, but she claims he’s a dead beat and won’t pay any child support so she’s going after my brother.

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

My brother was in a relationship with a woman for a month and they found out they were pregnant. He’s listed as the father on the birth certificate, and signed his name. A year down the road, he decides to pay for a paternity test and finds out the baby is not his, so they break up.

Right now he is in the process of trying to remove his name from the birth certificate because she wants to take him to court for child support. She said as long as his name is still on the birth certificate once the baby turns 2 (January 2012), he will be help legally responsible for her child in the state of CA. Is this true? She knows who the baby’s biological child is, but she claims he’s a dead beat and won’t pay any child support so she’s going after my brother.

He needs to immediately file a motion to dis-establish paternity. He may not be successful in the end, but he needs to get it file immediately.

 

[mistoffolees]

He needs to immediately file a motion to dis-establish paternity. He may not be successful in the end, but he needs to get it file immediately.

And, seriously? He's looking at 18 years of child support if he makes a mistake. An attorney will be far, far cheaper and more likely to result in a positive outcome.

 

[LdiJ]

And, seriously? He's looking at 18 years of child support if he makes a mistake. An attorney will be far, far cheaper and more likely to result in a positive outcome.

While I agree with this, time is of the essence. If he cannot get an attorney hired to file it this month, he would be better off getting it filed by himself than to not get it filed at all.