should he still be paying

[justcurious0228]

I'm in Ohio. A friend of mine four years ago dated a woman and she had a baby. He signed the birth certificate assuming the child was his. They separated shortly after the baby was born, and she moved about an hour away and is keeping the child from him even though he would really like to have a relationship with the child. Here is my question. There was always a question of whether or not he was the father, though he would never openly adimt it. If he were to have a DNA test and it proves he is NOT the biological father, does he have to contiune to pay child support since he did sign the birth certificate? She is living on state support and child support from two differnt men and does not work but part time here and there when she "has to".

 

[Silverplum]

I'm in Ohio. A friend of mine four years ago dated a woman and she had a baby. He signed the birth certificate assuming the child was his. They separated shortly after the baby was born, and she moved about an hour away and is keeping the child from him even though he would really like to have a relationship with the child. Here is my question. There was always a question of whether or not he was the father, though he would never openly adimt it. If he were to have a DNA test and it proves he is NOT the biological father, does he have to contiune to pay child support since he did sign the birth certificate? She is living on state support and child support from two differnt men and does not work but part time here and there when she "has to".

If he wants to see his child, all he has to do is file for visitation.

How Mom pays her bills is nobody's business but hers.

 

[CJane]

Also, whether or not he is the biological father of the child is irrelevant at this point. Per the form he signed (NOT the birth certificate, but the "Acknowledgment of Paternity Affidavit"), he had 60 days to rescind the affidavit and file in court to have paternity determined via DNA testing. After that 60 day period, he had one year to file to rescind the affidavit, assuming he could show "fraud, duress, or material mistake of fact".

After that? The ship has sailed and he's the father of the child. Regardless. Even if. Forever and ever.

He needs to request that the courts grant him some form of visitation. And he needs to do it because he wants a relationship with his child, not because his new girlfriend wants him to want a relationship with his child.

 

[Silverplum]

Also, whether or not he is the biological father of the child is irrelevant at this point. Per the form he signed (NOT the birth certificate, but the "Acknowledgment of Paternity Affidavit"), he had 60 days to rescind the affidavit and file in court to have paternity determined via DNA testing. After that 60 day period, he had one year to file to rescind the affidavit, assuming he could show "fraud, duress, or material mistake of fact".

After that? The ship has sailed and he's the father of the child. Regardless. Even if. Forever and ever.

He needs to request that the courts grant him some form of visitation. And he needs to do it because he wants a relationship with his child, not because his new girlfriend wants him to want a relationship with his child.

It was nice of you to check. I wasn't in the mood for new gf.

 

[CJane]

It was nice of you to check. I wasn't in the mood for new gf.

I occasionally really enjoy pulling the proverbial rug out from under new girlfriend's feet. It's the small things in life.

 

[Ohiogal]

I'm in Ohio. A friend of mine four years ago dated a woman and she had a baby. He signed the birth certificate assuming the child was his. They separated shortly after the baby was born, and she moved about an hour away and is keeping the child from him even though he would really like to have a relationship with the child. Here is my question. There was always a question of whether or not he was the father, though he would never openly adimt it. If he were to have a DNA test and it proves he is NOT the biological father, does he have to contiune to pay child support since he did sign the birth certificate? She is living on state support and child support from two differnt men and does not work but part time here and there when she "has to".

Nope. As Cjane said, he is dad. He gets to support HIS CHILD until the child reaches the age of majority/emancipates. As for you, none of your business.

 

[Stressed About]

As for you, none of your business.

Why do people such as you say it's none of your business ? How do you know his friend didnt ask him to see if he could find some information about the situation ?

 

[Zigner]

Why do people such as you say it's none of your business ? How do you know his friend didnt ask him to see if he could find some information about the situation ?

Sit back quietly and read. You will find out why we prefer to NOT deal with third-parties.

 

[CJane]

Well, I've known a whole lot of men in my life. Had more male friends than female ones, and grew up in a huge family with lots of men.

And ya know what seems to NEVER happen? I've NEVER met a man who said to himself "Self, ya ought to ask JimBob if he can post your personal information all over the internet and gather some information for you." And do you know WHY? Because men don't have those sorts of conversations with their male friends. They don't have those sorts of conversations with their FEMALE friends. They OCCASIONALLY have those sorts of conversations with their new wives. I can absolutely see my husband (if he weren't an attorney) asking me to see what I can find out about X while he's at work and I'm not. I CANNOT see him saying "Hey, can you make sure you put all this personal info out on a public message board for me and let me know what everyone on the planet thinks?"

Never gonna happen.

 

[Stressed About]

Sit back quietly and read. You will find out why we prefer to NOT deal with third-parties.

Not trying to a smart alec or anything, but isnt this a forum where anyone can ask questions about things whether it concerns them or not ?
I understand 3rd parties probably doesnt have all the necessary information needed to use in a legal setting, but this, I thought is a public forum to ask questions whether real or hypothetical ?

 

[Zigner]

Not trying to a smart alec or anything, but isnt this a forum where anyone can ask questions about things whether it concerns them or not ?
I understand 3rd parties probably doesnt have all the necessary information needed to use in a legal setting, but this, I thought is a public forum to ask questions whether real or hypothetical ?

From the "important notice" at the bottom of every page:

The FreeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues.

What this means (to me, and many others) is that this forum is intended to allow those involved in legal matters to seek the assistance and guidance from fellow consumers who may have been involved in similar matters. It is not a forum for hypotheticals and it's not a forum in which to play the telephone game.

 

[Silverplum]

Not trying to a smart alec or anything, but isnt this a forum where anyone can ask questions about things whether it concerns them or not ?
I understand 3rd parties probably doesnt have all the necessary information needed to use in a legal setting, but this, I thought is a public forum to ask questions whether real or hypothetical ?

I s'pose it is, but we don't have to answer.

About 95% of us don't do hypotheticals or 3rd parties.

 

[Proserpina]

Why do people such as you say it's none of your business ? How do you know his friend didnt ask him to see if he could find some information about the situation ?

Because it's true?