Question-Paternitym

[Ashlee1443]

North Carolina

Question on behalf of a friend--

Say a father acknowledges paternity by signing affadavit of parentage at child's birth, can he later decide to have a paternity test done to exclude him as the father of the child? Child support isn't a concern, as the couple live together, with the child.

Honestly, I don't see why not, but there are laws, I know. My friend constantly argues with her child's father over whether or not he his the father of the child in question (not sure why he signed the affadavit with doubts; maybe he makes these comments out of spite), but she's been led to believe that once the affadavit has been signed, there's no turning back, no ammendants whatsover. Just curious...

 

[Roscleo]

The courts will not order a DNA test because the paternity affidavit has been signed however your friend can go get one done anyway on their own. Here is a website that will help you they have a DNA lab on their you can call and get an appointment in your area. Their results are 100% accurate. They use 9-12 markers instead of the 3-6 markers the court labs use.
www.paternityfraud.com

 

[haiku]

Actualy Ashlee, what concerns me more is whether or not this person wants to stay with a guy who constantly questions the paternity of his child, highly insulting to her and the child! I don't think i could stay with someone like that! sounds like he needs to grow up.

i was always under the assumption signing the paternty paper at birth would "seal" the issue,(if he had doubts he should have had a court ordered test-most courts will NOT accept a non court sanctioned test)much the same as having a baby while married, or signing adoption papers, you have accepted parental responsibility for the child, no turning back now.

 

[CMSC]

i was always under the assumption signing the paternty paper at birth would "seal" the issue,(if he had doubts he should have had a court ordered test-most courts will NOT accept a non court sanctioned test)much the same as having a baby while married, or signing adoption papers, you have accepted parental responsibility for the child, no turning back now.

I am so confused by this whole issue because my ex signed paternity papers when my children were born BUT when I filed for support in Colorado they said that was not enough proof. Damn, you should have seen the paperwork I had to fill out there, they wanted to know who all I had slept with, where I had lived the last 10 years, when and where my ex and I had sex...etc.! Then they said it would be upto them to decide if a DNA test needed to be done. Now here in Nebraska all I had to do was sign a paper giving them his name and address and that was it! he was asked in court if he was the father and he said yes BUT in the same court hearing there were 2 guys being taken for a support order for the same baby, one guy showed up and said he was the dad, the other guy didn't show up so the one who showed up got ordered to pay! Even thought he woman said he may not be the dad!!

This whole issue is based on what the judge feels and what the state feels appropriate, I don't find it based on much law!! One hand says if you sign the papers you must be the dad but the other hand says we want more proof give us your DNA!!

It is all ridiculus and harmful for the children. I could go on but I won't!!

Good luck to the posters friend, maybe she will realize the "man" is worthless!

 

[lilybelle]

According to the state of Texas, both the mother and the father have about 4 years to deny/investigate the paternity once an Affadavit of Paternity has been signed. At least that is what I was told by the lady who handled my son's papers when he was born. This is what the papers says exactly (in Texas)

*no other man is acknowledged as the biological father of this child
*there is no court order naming another man as the biological father of this child
*A genetic test has not determined that another man is the biological father of this child
*we understand that the effect of this Affadavit of Paternity is a legal finding of paternity that may be challenged only under limited circumstances. Challenge is barred after 4 years

This Acknowledgment has the same effect as a court order establishing paternity.

After (60) days of the document being filed, a lawsuit is required to challenge this document. The suit must be brought within 4 years of the file date.

Hope this helps.

 

[haiku]

now my ex was a jerk , but he never denied paternity. He refused to sign papers at the hospital, the nurses were kind of put out, but he thought is was tacky, and I kind of agreed. (if he wasnt dad he wouldnt have been at the hospital or on the birth cert-thats just the kind of person I am)When we did land in court, we once again received flack for not signing the paper. they were stumped as to how to handle a case of an unmarried father, proudly admitting a child was his without question! (the fact that he didnt want to be responsible for her is another story lol....) What a horrendous invasion of privacy ryry, i realize they want to protect Dad, but he SIGNED the papers!!

 

[Ashlee1443]

I have heard several different oppositions on this topic...1) You have a certain time frame to request a paternity test 2) You are legally the father once the papers are signed, regardless.

Personally, I'm not sure why my friend chooses to stay with this guy...I think he's scum, and quite honestly, I think he's stuck around this whole time, just to be with my friend...the child they have together doesn't make one difference to him. Now, this same guy fathered a little girl, who's 6 years old now...her mother realized quickly what type of person he was, and what type of father he WOULDN'T be, so she packed up and moved to GA...she's moved on, engaged, and wants her fiance to adopt her daughter...well, Mr. Big Pants here, won't sign the papers....it must be a pride issue...along with the fact that he always feels he has to be in control.

Needless to say, this man has 3 children...my friends child (2 months), a six year old daughter, and a 2 year old...none of whom he supports financially, or through a court order, should I say...had he went through the whole child support procedure, like he should have, he would have had the opportunity to have a test done, free of charge. Instead, he chooses to live his lousy lifestyle, bring fatherless children into this world, and deny them. It just aggravates me! But anyway, thank you all for your replies, I'll definetley pass it along to my friend.

 

[Ashlee1443]

****************************************************

 

[Esimon1]

From my personal observance, my brother signed the Acknowledgement of Paternity, and Birth Certificate when his daughter was born. (she's 6 now). When she was 1, they split-up, and both agreed visitation be handled out-of-court. (their dumb mistake). Went to court for CS. Ordered to pay $110/week. Instead of friends congratulating him on his daughter's birth, rude comments were made about the mother having several "relations" before getting pregnant, and he was told how stupid he was for not getting a DNA test.
Long story short; He started dating a woman, ex got jealous and refused to let him continue visitation w/ daughter, (not court-ordered at the time). He got an attorney that advised him to file a motion to set aside judgement of paternity so that any doubt would be erased. He did this and judge granted it, with him paying $160.00 for all 3 to be tested. Mother hired attorney not to prevent him from setting aside motion of paternity, but instead, trying to argue that regardless of the results, he should still be ordered to continue paying CS. The judge agreed! Test was done, resulting in the child being his, (Thank God!) Anyway, just because an Acknowledgement of Paternity is signed does NOT mean it's sealed, carved in stone, whatever. This child was 3 years old when the judge ordered the testing. CS had already been established and paid.