Advice on CS and Paternity Issues

[justhe3ofus]

What is the name of your state (only U.S. law)? I live in NV, case is open in CA where the father lives.

I am scheduled to be in court next month for the 1st time in my life! Last year I applied for welfare which required me to put my daughters father on CS, he got served with the papers in March and apparently became very angry because he is now requesting to set aside paternity for my youngest who will be 8 next week. He voluntarily signed her birth certificate when she was born knowing that she was not his and now that he is going to have to pay he wants to terminate his own rights which is understandable to a point although this is the only father my daughter has ever known. Anyway, my question is, do I need to try to get an attorney for this matter? What should I expect to happen in court? Is there any documents that I would need to bring with me? Any advice would be greatly appreciated.

 

[Isis1]

What is the name of your state (only U.S. law)? I live in NV, case is open in CA where the father lives.

I am scheduled to be in court next month for the 1st time in my life! Last year I applied for welfare which required me to put my daughters father on CS, he got served with the papers in March and apparently became very angry because he is now requesting to set aside paternity for my youngest who will be 8 next week. He voluntarily signed her birth certificate when she was born knowing that she was not his and now that he is going to have to pay he wants to terminate his own rights which is understandable to a point although this is the only father my daughter has ever known. Anyway, my question is, do I need to try to get an attorney for this matter? What should I expect to happen in court? Is there any documents that I would need to bring with me? Any advice would be greatly appreciated.

where is the real father of this child?

 

[justhe3ofus]

the bioligical father lives here in NV, the one who signed her birth certificate lives in California which is where we are going to court.

 

[Isis1]

the bioligical father lives here in NV, the one who signed her birth certificate lives in California which is where we are going to court.

so then why didn't you also place him on the welfare paperwork as you are required to do?

 

[justhe3ofus]

they are both on the paperwork but being that he signed her birth certificate they are going after him until he can prove otherwise I am assuming.

 

[Isis1]

they are both on the paperwork but being that he signed her birth certificate they are going after him until he can prove otherwise I am assuming.

there is a possibility "dad" can disestablish paternity. in that case CSE can go after the bio father.

are you in contact with him? does he know he has a child?

if i were you, i wouldn't contest it. you already commited fraud by allowing him to sign for paternity when you knew full well he wasn't the father.

wait for other seniors, since assuming you weren't married to the father, i believe it's quite possible this may happen.

 

[justhe3ofus]

How is that fraud though?? He also knew she was not his daughter and yes the biological father does know he has a child and has wanted to be in her life in the past but the other one wouldnt let him. She also has his last name (the not biological father).

 

[Isis1]

How is that fraud though?? He also knew she was not his daughter and yes the biological father does know he has a child and has wanted to be in her life in the past but the other one wouldnt let him. She also has his last name (the not biological father).

because it is a legal document signed stating "if the foregoing is is true and correct".

sorry, you had no business not allowing the true father to have a relationship with his child.

legally, the real father can take you to court, establish paternity/custody/visitation. dad should abosolutely file to have his child's last name changed.

you have an oppurtunity to set this right for your child. my advice, do so.

 

[justhe3ofus]

I don't remember asking what I should do in that situation, I agree my daughter should know who her "real" father is but my original question was what should I expect in court?? Also, HE signed her birth certificate therefore wouldn't he be the one who committed fraud?? There was no question that I was her mother! And I have read of cases where a man signed a childs birth certificate and the judge STILL ordered him to pay child support after DNA tests proved it wasnt his child because he VOLUNTARILY signed the birth certificate and just because he is being ordered to pay child support he wants to be taken off.

 

[Isis1]

I don't remember asking what I should do in that situation, I agree my daughter should know who her "real" father is but my original question was what should I expect in court?? Also, HE signed her birth certificate therefore wouldn't he be the one who committed fraud?? There was no question that I was her mother! And I have read of cases where a man signed a childs birth certificate and the judge STILL ordered him to pay child support after DNA tests proved it wasnt his child because he VOLUNTARILY signed the birth certificate and just because he is being ordered to pay child support he wants to be taken off.

if paternity was not established in court, signing the document MAY not have been valid. you would be commiting fraud for allowing him to sign the document knowing full well he wasn't the father. you did not correct it.

why are you so opposed to the real father paying support?

was this case you spoke of in CA? was the legal father married to the mother?

 

[dad43]

IS....i don't think SHE is opposed to him paying...she stated earlier, that when "birth certificate daddy" recieved papers for cs from the state, that he became angry, and NOW wants to disestablish paternity...NOT BEFORE THEN...

BUT if she was married at the time the child was born, wouldn't "b/c daddy" be "legal daddy" also? i mean, HE acknowledged this was his child, and(taking OP at FV), knew full well she wasn't his child...SO, we tell men all the time that they are crappy b/c they want to be taken off a b/cert b/c now they have to pay support, even though they agreed to be "father"...SO, why is everyone jumping her?

OP, i imagine you can expect that he's going to tell the judge that even though he signed the BC, he is NOT the father, and the judge may/not order a paternity test...THEN, they are going to want the real fathers information, and another dna test, and if "b/cert daddy" is "off the hook" the state is going to go after real dad...or, after *8* years, they may decide your ex husband is dad and that he needs to pay support...to include the amount of welfare you did/do receive....

and everyone else, isn't it true that for all legal intents and purposes, b/c daddy is legal daddy? he signed the b/c, therefore until paternity was/is disestablished and re-established, didn't the "b/c daddy" have all rights to NOT include the real father in the child's life? or am i taking all the "knowledge" i've gained here, and more or less reading here that none of those posts relevant to what i'm talking about, apply here?

 

[justhe3ofus]

Yes it was in CA and no they were not married. I am not opposed to the real father paying support at all or being in her life. I previously stated that I would consent to him being removed. Anyway, I read another case where the "dad" tried to get the mother for fraud but the court would not allow it because he HAD the opporunity to challege the mother’s paternity allegation (and prove that the allegation was fraudulent) but he failed to do so in a timely manner. I think the time frame is 6 months, my daughter is 8. Again, I am consenting to him being removed I was just wondering if I need to try to get an attorney for this matter and if I should bring anything with me seeing as how I am traveling to CA for the hearing.

 

[Isis1]

IS....i don't think SHE is opposed to him paying...she stated earlier, that when "birth certificate daddy" recieved papers for cs from the state, that he became angry, and NOW wants to disestablish paternity...NOT BEFORE THEN...

BUT if she was married at the time the child was born, wouldn't "b/c daddy" be "legal daddy" also? i mean, HE acknowledged this was his child, and(taking OP at FV), knew full well she wasn't his child...SO, we tell men all the time that they are crappy b/c they want to be taken off a b/cert b/c now they have to pay support, even though they agreed to be "father"...SO, why is everyone jumping her?

OP, i imagine you can expect that he's going to tell the judge that even though he signed the BC, he is NOT the father, and the judge may/not order a paternity test...THEN, they are going to want the real fathers information, and another dna test, and if "b/cert daddy" is "off the hook" the state is going to go after real dad...or, after *8* years, they may decide your ex husband is dad and that he needs to pay support...to include the amount of welfare you did/do receive....

and everyone else, isn't it true that for all legal intents and purposes, b/c daddy is legal daddy? he signed the b/c, therefore until paternity was/is disestablished and re-established, didn't the "b/c daddy" have all rights to NOT include the real father in the child's life? or am i taking all the "knowledge" i've gained here, and more or less reading here that none of those posts relevant to what i'm talking about, apply here?

i'm still looking it up, but since he signed but wasn't daddy, if it was never submitted to a court as establishment of paternity and from OP's words, she seems to have never been married to father.....alot of the cases i've been looking over, is the proving paternity AFTER the order was already submitted to the court.

and i'm the only one "jumping on her" there is no everyone!!

 

[Isis1]

Yes it was in CA and no they were not married. I am not opposed to the real father paying support at all or being in her life. I previously stated that I would consent to him being removed. Anyway, I read another case where the "dad" tried to get the mother for fraud but the court would not allow it because he HAD the opporunity to challege the mother’s paternity allegation (and prove that the allegation was fraudulent) but he failed to do so in a timely manner. I think the time frame is 6 months, my daughter is 8. Again, I am consenting to him being removed I was just wondering if I need to try to get an attorney for this matter and if I should bring anything with me seeing as how I am traveling to CA for the hearing.

actually, since you aren't being charged crimanally, i wouldn't take an attorney. CSE is very efficient. chances are, they want the support taken care of. if they have someone else to go after, they will. but it can go both ways.

 

[justhe3ofus]

Thank you dad43, no I have never been married to him and when she was conceived we were not even living together but got back together a few months before she was born. When he signed her birth certificate I was under the impression we would be together forever and live happily ever after seeing as how we had one child together previous to this one and I was only 20 years old at the time also so I never thought things would end up this way just as any young person "in love" would of thought. However, I am 28 now and I am not saying that I am angry at him for what he is doing because it's understandable and for years I have prepared myself for this and even told my daughter that he was not her "real father" thats why I do not mind consenting to what he is trying to do and they do have the other mans information. I have always made sure to put him on any paperwork but the primary "father" listed on anything is the one who signed an acknowledgment of paternity until proven otherwise right???? And like I said, in one case I have read about the court still making the "b/c daddy" pay support even AFTER DNA testing proved he was not the father because he did not contest it for years until child support was ordered.