Removing the unbiological father from my daughters Birth Certificate

[addysmommy87]

I am living in Spartanburg South Carolina. I have a 5 month old little girl. When She was born I had rekindled things with my ex(of whom isn't her biological father). At this point her biological father didn't want anything to do with her. About 3 months out, me and Mr EX split up. He doesnt want or have anything to do with my daughter. He sign her birth certificate and an affidavit was signed saying basically that he takes all responsibility for her since we weren't married he was made sign one, or so he says. Well my daughters biological father ended up contacting me and he paid to have a legal DNA test done. She came back his 99.99999% and he was in her life and helped out briefly for a month. He then went MIA (missing in action). I have filed for child support and was denied since my EX signed the birth certificate and affidavit. They said that I would need to get a lawyer since the affidavit was signed to move forward in pursuing child support from her bio father.
Now my EX is cooperative in helping prove he isn't her bio dad. I've already paid 1000 to try to have her birth certificate edited before I filed for child support and knowing all of this. I am a single mom waitressing and in school and the only means of support my daughter has. Is it really necessary that I have to have an attorney represent me to move forward with this? Can I do this any other way?

 

[Just Blue]

I am living in Spartanburg South Carolina. I have a 5 month old little girl. When She was born I had rekindled things with my ex(of whom isn't her biological father). At this point her biological father didn't want anything to do with her. About 3 months out, me and Mr EX split up. He doesnt want or have anything to do with my daughter. He sign her birth certificate and an affidavit was signed saying basically that he takes all responsibility for her since we weren't married he was made sign one, or so he says. Well my daughters biological father ended up contacting me and he paid to have a legal DNA test done. She came back his 99.99999% and he was in her life and helped out briefly for a month. He then went MIA (missing in action). I have filed for child support and was denied since my EX signed the birth certificate and affidavit. They said that I would need to get a lawyer since the affidavit was signed to move forward in pursuing child support from her bio father.
Now my EX is cooperative in helping prove he isn't her bio dad. I've already paid 1000 to try to have her birth certificate edited before I filed for child support and knowing all of this. I am a single mom waitressing and in school and the only means of support my daughter has. Is it really necessary that I have to have an attorney represent me to move forward with this? Can I do this any other way?

When you commit crimes (fraud, perjury) it's expensive and complicated. Hire an attorney to help you establish correct LEGAL paternity and custody/support and avoid criminal charges for your criminal actions.

 

[Zigner]

https://www.scstatehouse.gov/code/t63c017.php
SECTION 63-17-50. Verified voluntary acknowledgments.
(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:

(1) sixty days; or

(2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.

(B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.

(C) In the event of a challenge, legal responsibilities including child support obligations of any signatory arising from the acknowledgment may not be suspended during the challenge except for good cause shown.

(D) Judicial or administrative proceedings are not required or permitted to ratify an unchallenged acknowledgment of paternity.

What this means is that after 60 days one must go to court to to challenge the affidavit. Yes, when you lie, it's sometimes expensive and complicated to fix it.

 

[addysmommy87]

I was kind of forced into letting him put his name on her birth certificate. He was very controlling and manipulative. He wouldn't even let me be around my family. He hid the birth cetificate from me until after we left the hospital. I and my sister tried to speak to the nurses to let them know, but he would never leave me alone with them to tell them the situation. He objected to the thought of me even letting my daughters bio dad know she was born. Financially and mentally he had me trapped. I was scared to speak to the nurses with him around while I was still in the hospital and couldn't do it without him.

 

[Eekamouse]

Ah the perils of having children out of wedlock and then playing musical daddies.

 

[Just Blue]

I was kind of forced into letting him put his name on her birth certificate. He was very controlling and manipulative. He wouldn't even let me be around my family. He hid the birth cetificate from me until after we left the hospital. I and my sister tried to speak to the nurses to let them know, but he would never leave me alone with them to tell them the situation. He objected to the thought of me even letting my daughters bio dad know she was born. Financially and mentally he had me trapped. I was scared to speak to the nurses with him around while I was still in the hospital and couldn't do it without him.

Tell it to your attorney. He will then ask you to be truthful with him/her. Because the ^ doesn't make sense.

 

[addysmommy87]

Ah the perils of having children out of wedlock and then playing musical daddies.

Im sorry, but this could happen to anyone married as well. I came hee to seek leagal help and advice. Not judgement. I chose to carry my child and keep her when her dad tried to get me to abort her. Mind you I was already battling depression.
So if you are here to belittle me then make yourself feel better by downplaying others. We all have skeletons in our closets dear

 

[addysmommy87]

Tell it to your attorney. He will then ask you to be truthful with him/her. Because the ^ doesn't make sense.

What part doesn't make sense to you? Im confused?

 

[Just Blue]

Im sorry, but this could happen to anyone married as well. I came hee to seek leagal help and advice. Not judgement. I chose to carry my child and keep her when her dad tried to get me to abort her. Mind you I was already battling depression.
So if you are here to belittle me then make yourself feel better by downplaying others. We all have skeletons in our closets dear

No one is belittling you. We, all of us, are simply pointing out the legalities. You made a mess for yourself and did a great disservice to your child. Lying (perjury) about paternity is fraud. I doubt this man had a gun to your head when you signed the AOP with him.

 

[commentator]

All we are telling you here is that "I was forced to......(commit whatever crime, shoot that clerk, steal that money, etc.) isn't considered a good excuse for having committed a crime, done something illegal. And you need an attorney because the judge will agree with us when you go to court. You need an attorney to present this.

That your ex did all these things to you isn't a good excuse for your having done anything because what you should have done was get 'way 'way far away from him, and call the police for protection if he wouldn't leave you alone. The law spells out that you have 60 days to do that in, to get it fixed, they acknowledge that it could've actually happened that he signed the birth certificate illegally, and I'm sure it did.

But that he was doing this and that to you or 'wouldn't let you ' talk to the nurses, tell them he wasn't the father, etc. that is not being in a relationship, that is called kidnapping and holding you hostage. And it makes no sense to try to excuse what you did, allowing him to sign your child's birth certificate when you knew he wasn't the father because you were afraid of him. You were bringing a child into the situation too, and it was your responsibility to keep this child safe, even if you let him abuse you. If he'd wanted to flush your baby down the toilet, or sell her to a stranger, would you have let him just for all those reasons you mention above? No, you'd have been all over the police and protecting your child.

Dump the excuses why you did it, pay an attorney to get this into court, and try your best for the child to get this straightened out.

 

[Zigner]

Im sorry, but this could happen to anyone married as well.

No. When you're married, the husband is presumed to be the legal father. No lies are required to establish that.

 

[stealth2]

I am living in Spartanburg South Carolina. I have a 5 month old little girl. When She was born I had rekindled things with my ex(of whom isn't her biological father). At this point her biological father didn't want anything to do with her. About 3 months out, me and Mr EX split up. He doesnt want or have anything to do with my daughter. He sign her birth certificate and an affidavit was signed saying basically that he takes all responsibility for her since we weren't married he was made sign one, or so he says. Well my daughters biological father ended up contacting me and he paid to have a legal DNA test done. She came back his 99.99999% and he was in her life and helped out briefly for a month. He then went MIA (missing in action). I have filed for child support and was denied since my EX signed the birth certificate and affidavit. They said that I would need to get a lawyer since the affidavit was signed to move forward in pursuing child support from her bio father.
Now my EX is cooperative in helping prove he isn't her bio dad. I've already paid 1000 to try to have her birth certificate edited before I filed for child support and knowing all of this. I am a single mom waitressing and in school and the only means of support my daughter has. Is it really necessary that I have to have an attorney represent me to move forward with this? Can I do this any other way?

Well, yes, you will need a lawyer.

 

[Ohiogal]

I am living in Spartanburg South Carolina. I have a 5 month old little girl. When She was born I had rekindled things with my ex(of whom isn't her biological father). At this point her biological father didn't want anything to do with her. About 3 months out, me and Mr EX split up. He doesnt want or have anything to do with my daughter. He sign her birth certificate and an affidavit was signed saying basically that he takes all responsibility for her since we weren't married he was made sign one, or so he says. Well my daughters biological father ended up contacting me and he paid to have a legal DNA test done. She came back his 99.99999% and he was in her life and helped out briefly for a month. He then went MIA (missing in action). I have filed for child support and was denied since my EX signed the birth certificate and affidavit. They said that I would need to get a lawyer since the affidavit was signed to move forward in pursuing child support from her bio father.
Now my EX is cooperative in helping prove he isn't her bio dad. I've already paid 1000 to try to have her birth certificate edited before I filed for child support and knowing all of this. I am a single mom waitressing and in school and the only means of support my daughter has. Is it really necessary that I have to have an attorney represent me to move forward with this? Can I do this any other way?

You are a liar because you also had to sign the affidavit saying the EX was the biological father and there was no one else possible. That is what needed to happen for him to be on the birth certificate. Hence you committed perjury. That is a CRIME. You should have an attorney.

 

[Ohiogal]

I was kind of forced into letting him put his name on her birth certificate. He was very controlling and manipulative. He wouldn't even let me be around my family. He hid the birth cetificate from me until after we left the hospital. I and my sister tried to speak to the nurses to let them know, but he would never leave me alone with them to tell them the situation. He objected to the thought of me even letting my daughters bio dad know she was born. Financially and mentally he had me trapped. I was scared to speak to the nurses with him around while I was still in the hospital and couldn't do it without him.

Bull. YOU had to sign the affidavit. And one thing all hospital staff would have asked you is you felt safe at home. That is a constant. When you signed the affidavit you should have read it. Why did you tell him you had the baby?