Signed Birth Certificate at Birth only to find out child isn't his.....

[allen3651]

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

A friend has a "son" who he thought was his. At the child's birth, he signed the birth certificate. After a while he could see signs that this child was not his....so he had two paternity tests done. One at home and the other at a lab. The mother denies sleeping with anyone else and says the tests are not accurate, which we know is not the case. The mother and child still live in NC and the "father" now lives out of state. How does he get his name removed from the child's birth certificate and submit the paternity results so that the mother cannot file for support? The child is now five years old.

This is a real tough situation because my friend truly cares for the child and periodically does contribute and help out. The mother recently contacted him to request an informal child support arrangement and got upset when he didn't commit to her request. He is afraid she will try to file and he will be stuck paying for a kid that isn't his. He already has a child who is, in fact, his. Any help or advice is greatly appreciated.

Thanks.

 

[Silverplum]

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

A friend has a "son" who he thought was his. At the child's birth, he signed the birth certificate. After a while he could see signs that this child was not his....so he had two paternity tests done. One at home and the other at a lab. The mother denies sleeping with anyone else and says the tests are not accurate, which we know is not the case. The mother and child still live in NC and the "father" now lives out of state. How does he get his name removed from the child's birth certificate and submit the paternity results so that the mother cannot file for support? The child is now five years old.

This is a real tough situation because my friend truly cares for the child and periodically does contribute and help out. The mother recently contacted him to request an informal child support arrangement and got upset when he didn't commit to her request. He is afraid she will try to file and he will be stuck paying for a kid that isn't his. He already has a child who is, in fact, his. Any help or advice is greatly appreciated.

Thanks.

Please tell your friend about FA and advise him that he could sign up and get advice for his legal issue/s.

 

[Just Blue]

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

A friend has a "son" who he thought was his. At the child's birth, he signed the birth certificate. After a while he could see signs that this child was not his....so he had two paternity tests done. One at home and the other at a lab. The mother denies sleeping with anyone else and says the tests are not accurate, which we know is not the case. The mother and child still live in NC and the "father" now lives out of state. How does he get his name removed from the child's birth certificate and submit the paternity results so that the mother cannot file for support? The child is now five years old.

This is a real tough situation because my friend truly cares for the child and periodically does contribute and help out. The mother recently contacted him to request an informal child support arrangement and got upset when he didn't commit to her request. He is afraid she will try to file and he will be stuck paying for a kid that isn't his. He already has a child who is, in fact, his. Any help or advice is greatly appreciated.

Thanks.

"Father" should ask his own questions.

"Friends" should not post others issues on the internet.

 

[Zigner]

Your friend is daddy...as he declared to the world 5 years ago.

 

[Antigone*]

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

A friend has a "son" who he thought was his. At the child's birth, he signed the birth certificate. After a while he could see signs that this child was not his....so he had two paternity tests done. One at home and the other at a lab. The mother denies sleeping with anyone else and says the tests are not accurate, which we know is not the case. The mother and child still live in NC and the "father" now lives out of state. How does he get his name removed from the child's birth certificate and submit the paternity results so that the mother cannot file for support? The child is now five years old.

This is a real tough situation because my friend truly cares for the child and periodically does contribute and help out. The mother recently contacted him to request an informal child support arrangement and got upset when he didn't commit to her request. He is afraid she will try to file and he will be stuck paying for a kid that isn't his. He already has a child who is, in fact, his. Any help or advice is greatly appreciated.

Thanks.

Just in case the message was not crystal clear. Your "friend" is dad - end of story.

Also, periodically helping out does not cut it. He needs to consistently support his child. You might advise him to see a child support order so that he has a clear commitment amount and mom doesn't come back to him asking for more.

 

[CSO286]

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

A friend has a "son" who he thought was his. At the child's birth, he signed the birth certificate. After a while he could see signs that this child was not his....so he had two paternity tests done. One at home and the other at a lab. The mother denies sleeping with anyone else and says the tests are not accurate, which we know is not the case. The mother and child still live in NC and the "father" now lives out of state. How does he get his name removed from the child's birth certificate and submit the paternity results so that the mother cannot file for support? The child is now five years old.

This is a real tough situation because my friend truly cares for the child and periodically does contribute and help out. The mother recently contacted him to request an informal child support arrangement and got upset when he didn't commit to her request. He is afraid she will try to file and he will be stuck paying for a kid that isn't his. He already has a child who is, in fact, his. Any help or advice is greatly appreciated.

Thanks.

Your "friend" is out of luck. This child is his legal child whom he has a duty to support.

http://info.dhhs.state.nc.us/olm/manuals/dss/cse/man/CSEcI-02.htm#P274_26438

VOLUNTARY PATERNITY RECISSION PROCESS
An admission of paternity made by signing an Affidavit of Parentage is considered final unless it is rescinded by either parent. Rescission is permissible up to sixty (60) days from the date of signing, unless an order establishing paternity or support is issued earlier than sixty (60) days.

To rescind an admission of paternity, the challenging party must complete and file with the court a Motion And Notice Of Hearing To Rescind Affidavit Of Parentage (AOC-CV-916M), accompanied by a copy of the signed Affidavit Of Parentage, within sixty (60) days of the date of signing.

NOTE: The AOC-CV-916M can be obtained by the challenging party from the Clerk of Court. This form is not available in ACTS and is not to be completed by the caseworker.

It is the responsibility of the challenger to serve notice on all parties in a case, including the child support agency, in accordance with Rule 4 of the North Carolina Rules of Civil Procedure. If the court orders rescission of the paternity admission, the Clerk of Court must send a copy of that order to the State Registrar of Vital Records. The father's name is then removed from the birth certificate. If the requesting party fails to appear or present the issue, the court must find the putative father to be the legal father of the child.

Filing usually occurs in the rescinding party's county of residence; however, N.C. law does not require that rescission requests be made in any specific county. It might be appropriate to inquire of the parties or ask the Clerk of Court to search the AOC Civil Case Processing System (VCAP), if reason exists to believe that a rescission request has been made. A report of any rescission is included in all future birth records requested from N.C. Vital Records.

After more than sixty (60) days have passed since the signing of the Affidavit of Parentage, paternity can only be challenged in court on the basis of fraud, duress, mistake, or excusable neglect. The burden of proof is on the challenging party. If a support obligation exists, it is not suspended during the challenge, except for good cause.

After a request to rescind an admission of paternity is granted by the court, if the mother again names the same putative father, paternity establishment activities would proceed as though no action had previously occurred. It is probable that paternity testing and/or a civil paternity action would be appropriate in this situation.

RESCINDING AN ADMISSION/FINDING OF PATERNITY
An admission of paternity that resulted from an alleged father/NCP signing the Affidavit of Parentage can be rescinded within sixty (60) days of the signature.
When notified that the NCP has filed a Motion And Notice Of Hearing To Rescind Affidavit Of Parentage with the Clerk of Court, caseworkers must document the hearing date in ACTS.

When the court orders a rescission of paternity, caseworkers change the paternity status of each child who is affected by the rescission in ACTS.