Pregnant - two putitive fathers

[single317dad]

There is a simple solution to the problem. File to establish paternity as soon as the baby is born and get a DNA test. If you are not the father, then case closed. If you are the father, then BE the child's father. Be an active parent.

Good to see there was an actual answer to OP's question in this thread.

OP, your options are to get the test done right away and know the results, or put it off and wait in agony for 18 years. The main problem will be that you won't really know that John has signed the paternity affidavit; you'll likely have only the word of the woman (of questionable credibility). Go to court, get the test; if you're the father establish custody, visitation, and support. NC is one of the states that do not maintain a putative father registry, so you can't take any action until the child is born.

 

[OHRoadwarrior]

Interested party? So, how is a man with no biological or custodial ties to a child considered an interested party?

Because he was acting in loco parentis for several years and provided the child with a standard of living the court determines cannot be met by its bio father established at divorce and its mother.

For example, say mom does not work. Dad makes $175k p/yr. They divorce. In court it comes out mom was cheating and 10 yr old junior is actually the son of their dog walker who makes $8k per year. The court could elect to supply the child with a standard wage support order by deeming the dog walker at minimum wage and in loco parentis dad at the balance of an order for his income.

 

[Isis1]

because he was acting in loco parentis for several years and provided the child with a standard of living the court determines cannot be met by its bio father established at divorce and its mother.

For example, say mom does not work. Dad makes $175k p/yr. They divorce. In court it comes out mom was cheating and 10 yr old junior is actually the son of their dog walker who makes $8k per year. The court could elect to supply the child with a standard wage support order by deeming the dog walker at minimum wage and in loco parentis dad at the balance of an order for his income.

we are talking about a fetus!!!

 

[OHRoadwarrior]

we are talking about a fetus!!!

OP was talking about hypothetical outcomes based on his actions.

 

[Isis1]

OP was talking about hypothetical outcomes based on his actions.

It is still a FETUS!!!!

ONE child, ONE father, ONE mother.

There is NOTHING complicated about this situation.

Dad gets DNA once the baby is born. That's his legal remedy.

 

[OHRoadwarrior]

I agree there is nothing complicated yet. OP is the one exploring the ways it can be.

It is still a FETUS!!!!

ONE child, ONE father, ONE mother.

There is NOTHING complicated about this situation.

Dad gets DNA once the baby is born. That's his legal remedy.

 

[Proserpina]

You have GOT to be kidding me.

That's 3 minutes I can never get back.

Now I understand that there is, occasionally, a genuine "what if" where the answer of "well, it's highly unusual, but this can happen" is actually warranted.

But this thread? let's put this another way. A certain permanently banned ex-member of the forum would be most proud of the havoc he caused if this was his thread.

Well played, OP. Well played indeed.

That deranged ex-member would be very pleased with you.

 

[Ohiogal]

That's not how it works here, and you know it. Either back up your assertion, or remove it.




Uummm... There is no such thing - no more than there is a maternal dad or maternal mom. Or a paternal mom. Seriously - put whatever your indulging in down.

On top of the crappy day I had yesterday, I did get entertained when the prosecutor in a hearing actually asked if maternity had been established for any one involved. Poor guy was in over his head.
Oh and stealth, he also used the phrases paternal dad and maternal mom.

 

[Proserpina]

On top of the crappy day I had yesterday, I did get entertained when the prosecutor in a hearing actually asked if maternity had been established for any one involved. Poor guy was in over his head.
Oh and stealth, he also used the phrases paternal dad and maternal mom.

Maternity established?! I just spilled my latte.



Paternal dad = grandad.

Maternal mom - grandma.

 

[Ohiogal]

Maternity established?! I just spilled my latte.



Paternal dad = grandad.

Maternal mom - grandma.

The prosecutor was referring only to the parents. NOT grandparents. Counsel next to me and I just bit our lips and shook our heads. Yep... maternity established... I wasn't aware that was a prevalent thing until the prosecutor brought it up.

 

[OHRoadwarrior]

Really!!! I suggest you revisit your expert opinion by Googling "non paternal father paying child support" you will find the country is full of them. You can contact them all and advise them they are liars.

Not as rule, no.

If paternity for the child is disestablished during a divorce proceeding the court is not going to require that person pay support for a child that they have no legal rights to.

Really, I would like to see your case law that shows this possibility.

 

[I'mTheFather]

Because he was acting in loco parentis for several years and provided the child with a standard of living the court determines cannot be met by its bio father established at divorce and its mother.

For example, say mom does not work. Dad makes $175k p/yr. They divorce. In court it comes out mom was cheating and 10 yr old junior is actually the son of their dog walker who makes $8k per year. The court could elect to supply the child with a standard wage support order by deeming the dog walker at minimum wage and in loco parentis dad at the balance of an order for his income.

Nope.

You know, your resistance to being wrong reminds me, a little, of a certain cat from Cats.

 

[I'mTheFather]

Really!!! I suggest you revisit your expert opinion by Googling "non paternal father paying child support" you will find the country is full of them. You can contact them all and advise them they are liars.

Non-paternal father is not the same as disestablished paternity. Google it.

 

[LdiJ]

I just supported it below. The law allow special orders in exceptional circumstance in the best interests of the child. It does not prohibit multiple support orders and in fact when a third party has a child, sometimes initiates them.

What you cited does not remotely back up your assertion...and isn't even for the OP's state.

 

[OHRoadwarrior]

You can keep running yourselves and this thread in circles all day. It does not change the state law I provided. It does not change the many ex husbands paying support for children proven not their own in the divorce proceedings. Even if dad is established to not be the father in the divorce, he can be ordered to pay support.