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establishing paternity and back child support

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jef001

Junior Member
What is the name of your state (only U.S. law)? GA
There is a possiblility that I have a child out there, and she has recently contacted me. I signed a non-legal agreement to not contact the child and they would not sue for back support. The child has initiated contact with me. The child has been legally adopted. Can I be sued for back and future child support if this child is mine?
 


Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? GA
There is a possiblility that I have a child out there, and she has recently contacted me. I signed a non-legal agreement to not contact the child and they would not sue for back support. The child has initiated contact with me. The child has been legally adopted. Can I be sued for back and future child support if this child is mine?
The child IS NOT your child. At. All. You could be hit with a restraining order.
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? GA
There is a possiblility that I have a child out there, and she has recently contacted me. I signed a non-legal agreement to not contact the child and they would not sue for back support. The child has initiated contact with me. The child has been legally adopted. Can I be sued for back and future child support if this child is mine?
How exactly did this come to light?
 

jef001

Junior Member
I have known since the mother was pregnant, but she was about to get married and her pastor counseled her and felt that it would be the best thing for the child if i gave up rights. The mother contacted me a couple of months ago asking if it would be ok to let the child know more about me. I agreed. now the child has sent a facebook request to be friends and I don't know what to do.
 

Proserpina

Senior Member
I have known since the mother was pregnant, but she was about to get married and her pastor counseled her and felt that it would be the best thing for the child if i gave up rights. The mother contacted me a couple of months ago asking if it would be ok to let the child know more about me. I agreed. now the child has sent a facebook request to be friends and I don't know what to do.
How did you give up parental rights if you hadn't been established as father?

Who adopted the child?

How old is the child?
 

jef001

Junior Member
I signed a document drawn up by her pastor. Non-binding. I need to establish paternity before anything else happens, but I need to also be prepared in case they try to sue if I am found to be the father. I was told at first that I was, then I wasn't, now I am. one of those Maury-ish type stories. She is 15. She knows that her adopted father is not her real father. and has been asking a lot of questions to her mother. I would love to have her in my life, but I need to protect my small children as well.
 

Proserpina

Senior Member
I signed a document drawn up by her pastor. Non-binding. I need to establish paternity before anything else happens, but I need to also be prepared in case they try to sue if I am found to be the father. I was told at first that I was, then I wasn't, now I am. one of those Maury-ish type stories. She is 15. She knows that her adopted father is not her real father. and has been asking a lot of questions to her mother. I would love to have her in my life, but I need to protect my small children as well.
WHO adopted this child? Was it a legal adoption?

This is important - you may have absolutely NO grounds to establish paternity whatsoever, but you need to answer the questions.
 

jef001

Junior Member
The mother's first husband adopted her. She is no longer married to him and he is not an actual possibility to be her birth father. He adopted her I think right when she was born. I know I don't have a leg to stand on in demanding a paternity test, but I also don't want to introduce her to the family until I know for sure.
 

Proserpina

Senior Member
The mother's first husband adopted her. She is no longer married to him and he is not an actual possibility to be her birth father. He adopted her I think right when she was born. I know I don't have a leg to stand on in demanding a paternity test, but I also don't want to introduce her to the family until I know for sure.
When Mom had the baby, was she married to her first husband?

If Mom was married to him when she gave birth, then he's assumed to be her legal father and no adoption was necessary.
 

Proserpina

Senior Member
How? I know that he pays child support.

Here's the thing.

If Mom was married to him when the child was born then he is legally presumed to be the father and no adoption is necessary. The time for you, or anyone else, to disestablish paternity in that situation has long passed. If this scenario is true then you do not have a daughter and yes, you could be slapped with a restraining order if you contact her.

If Mom was not married at the time of the birth and THEN wanted the guy to adopt the child there are legal steps which must be followed and one of these is serving the actual father, terminating his rights and going ahead with the step-parent adoption. If these steps were not followed the adoption could be overturned in court.

The agreement signed with the pastor does not have any legal authority whatsoever.
 

jef001

Junior Member
I never signed any legal documents. However, the mother initiated contact with me, and then the daughter. I guess I need to find out some of these answers before I can preceed. What do I do when the daughter contacts me again? Should I notify the mom? apparently the child has been told about me.
 

Proserpina

Senior Member
I never signed any legal documents. However, the mother initiated contact with me, and then the daughter. I guess I need to find out some of these answers before I can preceed. What do I do when the daughter contacts me again? Should I notify the mom? apparently the child has been told about me.
Well, what do you actually want to accomplish?

Do you want to be Dad?
 

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